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Full text of "Title 13 election laws, State of Montana, 1987 : Montana code annotated, as amended"

S^ PLEASE RETURW 

TITLE 1 3 
ELECTION LAWS 

STATE OF MONTANA 

1987 

MONTANA CODE ANNOTATED, 

As Amended ^^^^ documents collection 

FEB 4 rm 




LmnARY 

AVE. 

JA 59620 



Published by Authority 

Jim Waltermire 

Secretary of State 

Helena, Montana 



Montana State Library 



3 0864 1004 2496 2 



TITLE 1 3 

ELECTION LAWS 

STATE OF MONTANA 

1987 



MONTANA CODE ANNOTATED, 

As Amended 



Published by Authority 

Jim Waltermire 

Secretary of State 

Helena, Montana 



PREFACE 

This volume is published by the Secretary of State in accordance with Section 
13-12-101, MCA. It contains all of Title 13 of the Montana Code Annotated in- 
cluding amendments and additions enacted by the 1987 Legislature. Section histo- 
ries have been omitted from this printing. They may be obtained by referring to the 
complete MCA. 

The vast majority of election laws are included in this volume. There are some 
other statutes not contained in Title 13 which may affect some specific aspect of 
elections. For these, you can also refer to the complete Montana Code Annotated. 

The purpose of this printing is to enable election judges at each poUing place, as 
well as others, to have a better access to Montana's election laws. It is a tool to be 
used to insure each voter the opportunity to participate in an orderly, efficient, 
and secure election. 




l/J^ 




Jim Waltermire 
Secretary of State 



TABLE OF CONTENTS 

ELECTIONS 

Ch. Page 

1 . General Provisions 1 

2. Registration of Electors 11 

3. Election Precincts 22 

4. Election Judges 27 

Chapters 5 through 9 reserved 

10. Primary Elections and Nominations 30 

1 1 . Election Proclamation. Repealed 

Sec. 407, Ch. 571 L. 1979 40 

12. Election Supplies and Ballots 40 

13. Election Procedure 45 

14. Nonpartisan Elections 59 

15. Canvassing, Returns, and Certificates 63 

16. Recounts and Tie Votes 71 

17. Voting Machines 79 

18. Electronic Voting Systems. Repealed 

Sec. 407, Ch. 571, L. 1979 84 

19. Mail Ballot Elections 84 

Chapters 20 through 24 reserved 

25. Election for Federal Office 93 

26. Convention to Ratify Amendments to United States Constitution 95 

27. Ballot Issues 97 

Chapters 28 through 34 reserved 

35. Election and Campaign Practices and Criminal Provisions 114 

36. Contests 124 

37. Control of Campaign Practices 129 

38. Political Parties 145 

General Index 149 



u 



TITLE 13 
ELECTKXiS 

Ch. 

1. General Provisions. 

2. Registration of Electors. 

3. Election Precincts. 
A. Election Judges. 

Chapters 5 through 9 reserved. 

10. Primary Elections and Nominations. 

11. Election Proclamation. Repealed. Sec. 407, Ch. 571, L. 1979. 

12. Election Supplies and Ballots. 

13. Election Procedure. 

14. Nonpartisan Elections. 

15. Canvassing, Returns, and Certificates. 

16. Recounts and Tie Votes. 

17. Voting Machines. 

18. Electronic Voting Systems. Repealed. Sec. 407, Ch. 571, L. 1979. 

19. Mail Ballot Elections 
Chapters 20 through 24 reserved. 

25. Elections for Federal Office. 

26. Convention to Ratify Amendments to United States Constitution. 

27. Ballot Issues. 

Chapters 28 through 34 reserved. 

35. Election and Campaign Practices and Criminal Provisions. 

36 . Contests . 

37. Control of Campaign Practices. 

38. Political Parties. 



CHAPTER 1 

GENERAL PROVISIONS 

Part 1 — General Provisions 

Section 

13-1-101. Definitions. 

13-1-102. Elections by secret ballot. 

13-1-103. Determination of winner. 

13-1-104. Times for holding general elections. 

13-1-105. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-1-106. Time of opening and closing of polls for all elections - exceptions. 

13-1-107. Times for holding primary elections. 

13-1-108. Notice of special elections. 

13-1-109. Election records open to public. 

Section 13-1-110 reserved. 

13-1-111. Qualifications of voter. 

13-1-112. Rules for determining residence. 

13-1-113. Only one residence. 



13-1-101 KLKCTKMS 

13-1-llA. Computation of elector's age and term of residence. 
13-1-115. Privilege from arrest. 

Sections 13-1-116 through 13-1-120 reserved. 
13-1-121. Question of holding constitutional convention. 
13-1-122. Ballot form and content. 

Part 2 ~ Role of Secretary of State 

13-1-201. Chief election officer. 

13-1-202. Forms and rules prescribed by chief election officer. 

13-1-203. Chief election officer to advise, assist, and train. 

13-1-204. Election records to be kept by secretary of state. 

Part 3 — Local Election Administration 

13-1-301. Election administrator. 

13-1-302. Election costs. 

13-1-303. Disposition of ballots and other election materials. 

13-1-30A. Duties of officials when election not held. 

Part A — Political Subdivision Elections 

13-1-AOl. Manner of conducting general elections for political 
subdivisions required to hold annual elections. 



Part 1 
General Provisions 



13-1-101. DEFINinmS. As used in this title, unless the context clearly 
indicates otherwise, the following definitions apply: 

(1) "Anything of value" means any goods that have a certain utility to the 
recipient that is real and that is ordinarily not given away free but is 
purchased. 

(2) "Candidate" means: 

(a) an individual who has filed a declaration or petition for nomination, 
acceptance of nomination or appointment as a candidate for public office as 
required by law; 

(b) for the purposes of chapters 35, 36, or 37, an individual who has 
publicly announced his intention to seek nomination or election to public 
office by write-in vote and who has received a contribution or made an expendi- 
ture or has given an authorization to another person to receive a contribution 
or make an expenditure for the purpose of supporting his nomination or elec- 
tion. 

(3) (a) "Contribution" means: 

(i) an advance, gift, loan, conveyance, deposit, payment, or distribution 
of money or anything of value to influence an election; 

(ii) a transfer of fxinds between political committees; 

(iii) the payment by a person other than a candidate or political 
committee of compensation for the personal services of another person that are 
rendered to a candidate or political committee. 



3 GENERAL FSDVISKXIS 13-1-101 

(b) "Contribution" does not mean: 

(i) services provided without compensation by individuals volxinteering a 
portion or all of their time on behalf of a candidate or political committee or 
meals and lodging provided by individuals in their private residence for a 
candidate or other individual; 

(ii) the cost of any bona fide news story, commentary, or editorial dis- 
tributed through the facilities of any broadcasting station, newspaper, maga- 
zine, or other periodical publication of general circulation; 

(iii) the cost of any communication by any membership organization or 
corporation to its members or stockholders or employees, so long as such 
organization is not a primary political committee; or 

(iv) filing fees paid by the candidate. 

(A) "Election" means a general, special, or primary election held 
pursuant to the requirements of state law, regardless of the time and/or 
purpose. 

(5) "Election administrator" means the covinty clerk and recorder or the in- 
dividual designated by a county governing body to be responsible for all 
election administration duties, except that with regard to school elections, 
the term means the school district clerk. 

(6) "Elector" means an individual qualified and registered to 
vote under state law. 

(7) (a) "Expenditure" means a purchase, payment, distribution, loan, 
advance, promise, pledge, or gift of money or anything of value made for the 
purpose of influencing the results of an election. 

(b) "Expenditure" does not mean: 

(i) services, food, or lodging provided in a manner that they are not 
contributions under subsection (3); 

(ii) payments by a candidate for his filing fee or for personal travel 
expenses, food, clothing, lodging, or personal necessities for himself and his 
family; 

(iii) the cost of any bona fide news story, commentary, or editorial dis- 
tributed through the facilities of any broadcasting station, newspaper, maga- 
zine, or other periodical publication of general circulation; or 

(iv) the cost of any communication by any membership organization or cor- 
poration to its members or stockholders or employees, so long as such organiza- 
tion is not a primary political committee. 

(8) "General election" means an election held for the election of public 
officers throughout the state at times specified by law, including elections 
for officers of political subdivisions when the time of the election is set on 
the same date for all similar political subdivisions in the state. For ballot 
issues required by Article III, section 6, or Article XIV, section 8, of the 
Montana constitution to be submitted by the legislature to the electors at a 
general election, "general election" means an election held at the time pro- 
vided in 13-1-10A(1). 

(9) "Individual" means a human being. 

(10) "Issue" or "ballot issue" means a proposal submitted to the people at 
an election for their approval or rejection, including but not limited to 
initiatives, referenda, proposed constitutional amendments, recall questions, 
school levy questions, bond issue questions, or a ballot question. For the 
purposes of chapters 35, 36, or 37, an issue becomes a "ballot issue" upon 
certification by the proper official that the legal procedure necessary for its 
qualification and placement upon the ballot has been completed, except that a 



13-1-102 KLKCTKWS A 

statewide issue becomes an "issue" upon approval by the secretary of state of 
the form of the petition or referral. 

(11) "Person" means an individual, corporation, association, firm, 
partnership, cooperative, committee, club, xinion, or other organization or 
group of individuals or a candidate as defitled in subsection (2) of this 
section. 

(12) "Political committee" means a combination of two or more individuals or 
a person other than an individual who makes a contribution or expenditure: 

(a) to support or oppose a candidate or a committee organized to support or 
oppose a candidate or a petition for nomination; or 

(b) to support or oppose a ballot issue or a committee organized to support 
or oppose a ballot issue; or 

(c) as an earmarked contribution. 

(13) "Political subdivision" means a county, consolidated mvmicipal-county 
government, municipality, special district, or any other unit of government, 
except school districts, having authority to hold an election for officers or 
on a ballot issue. 

(lA) "Primary" or "primary election" means an election held throughout the 
state to nominate candidates for public office at times specified by law, 
including nominations of candidates for offices of political subdivisions when 
the time for such nominations is set on the same date for all similar sub- 
divisions in the state. 

(15) "Public office" means a state, county, miinicipal, school, or other 
district office that is filled by the people at an election. 

(16) "Registrar" means the county election administrator and any regularly 
appointed deputy or assistant election administrator. 

(17) "Special election" means an election other than a statutorily 
scheduled primary or general election held at any time for any purpose 
provided by law. It may be held in conjunction with a statutorily scheduled 
election. 

(18) "Voting machine or device" means any equipment used to record, tabu- 
late, or in any manner process the vote of an elector. 

13-1-102. ELECnCMiS BY SECRET BALLOT. All elections shall be by secret 
ballot. 

13-1-103. DETERMMATKMI OF VONNER. The individual receiving the 
highest number of votes for any office at an election is elected or nominated 
to that office. 

13-1-104. (Contingent effective date- contingent upon establishment of 
Northwest Regional Preference Primary by August 1, 1987.) TIMES FOR HOLDING 
GENERAL ELECTIONS. (1) A general election shall be held throughout the state 
in every even-numbered year on the first Tuesday after the first Monday of 
November to vote on ballot issues required by Article III, section 6, or 
Article XIV, section 8, of the Montana constitution to be submitted by the 
legislature to the electors at a general election, unless an earlier date is 
provided in a law authorizing a special election on an initiative or referendum 
pursuant to Article III, section 6, and to elect federal officers, state or 
multicounty district officers, members of the legislature, judges of the 
district court, and county officers when the terms of such offices will expire 



5 GENERAL FROVISKXIS 13-1-106 

before the next scheduled election for the offices or when one of the offices 
must be filled for an unexpired term as provided by law. 

(2) A general election shall be held throughout the state in every odd- 
numbered year on the first Tuesday after the first Monday in November to elect 
municipal officers, officers of political subdivisions wholly within one county 
and not required to hold annual elections, and any other officers specified by 
law for election in odd-numbered years when the term for the offices will 
expire before the next scheduled election for the offices or when one of the 
offices must be filled for an vinexpired term as provided by law. 

(3) The general election for any political subdivision, other than a 
municipality, required to hold elections annually shall be held on school 
election day, the first Tuesday of April of each year, and is subjet to the 
election procedures provided for in 13-1-AOl. 

(A) The general election for a municipality required to hold elections 
annually may be held either on school election day as provided in subsection 
(3) or on the first Tuesday after the first Monday in November, at the discre- 
tion of the governing body. 

13-1-104. TIMES FOR HOLDING GENERAL ELECTIONS. (1) A general election 
shall be held throughout the state in every even-ntimbered year on the first 
Tuesday after the first Monday of November to vote on ballot issues required by 
Article III, section 6, or Article XIV, section 8, of the Montana constitution 
to be submitted by the legislature to the electors at a general election, 
unless an earlier date is provided in a law authorizing a special election on 
an initiative or referendum pursuant to Article III, section 6, and to elect 
federal officers, state or multicounty district officers, members of the 
legislature, judges of the district court, and county officers when the terms 
of such offices will expire before the next scheduled election for the offices 
or when one of the offices must be filled for an unexpired term as provided by 
law. 

(2) A general election shall be held throughout the state in every odd- 
numbered year on the first Tuesday after the first Monday in November to elect 
municipal officers, officers of political subdivisions wholly within one county 
and not required to hold annual elections, and any other officers specified by 
law for election in odd-numbered years when the term for the offices will 
expire before the next scheduled election for the offices or when one of the 
offices must be filled for an unexpired term as provided by law. 

(3) The general election for any political subdivision, other than a 
municipality, required to hold elections annually shall be held on school 
election day, the first Tuesday of April of each year, and is subject to the 
election procedures provided for in 13-1-AOl. 

(A) The general election for a municipality required to hold elections 
annually may be held either on school election day as provided in subsection 
(3) or on the first Tuesday after the first Monday in November, at the discre- 
tion of the governing body. 

13-1-105. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-1-106. TIME OF OPENING AND CLOSING OF POLLS FOR ALL ELECTIOIS — EXCEP- 
TIONS. (1) Polls must be open from 7 a.m. to 8 p.m., except polling places 
having fewer than 200 registered electors, which must be open from noon to 8 



13-1-107 ELECTIONS 6 

p.m. or until all registered electors in any precinct have voted, at which time 
the polls shall be closed immediately. 

(2) When an election held under 13-1-104(3) and a school election are 
conducted in the same polling place, the polls shall be opened and closed 
at the times set for the school election, as provided in 20-20-106. 

13-1-107. TIMES FOR HOLDING PRIMARY ELECTIONS. (1) On the first Tuesday 
after the first Monday in June preceding the general election provided for in 
13-1-104(1), a primary election shall be held throughout the state. 

(2) On the Tuesday following the second Monday in September preceding the 
general election provided for in 13-1-104(2), a primary election, if required, 
shall be held throughout the state. 

(3) If the general election for a municipality required to hold annual 
elections is held in November, as provided in 13-1-104(4), a primary election, 
if required, shall be held on the Tuesday following the second Monday in 
September. In an even-nvimbered year, the cost of this election must be paid by 
the municipality. 

13-1-108. NOTICE OF SPECIAL ELECTIONS. Notice of any special election shall 
be published at least once a week for the 3 successive weeks before the elec- 
tion on radio or television as provided in 2-3-105 through 2-3-107 or in a 
newspaper of general circulation in the jurisdiction where the election will be 
held. 

13-1-109. ELECTI(»I RECORDS OPEN TO PUBLIC. Unless specifically provided 
otherwise, all records pertaining to elector registration and elections are 
public records. They shall be open for inspection during regular office hours. 

13-1-110 reserved. 

13-1-111. QUALIFICATKMS OF VOTER. (1) No person may be entitled to vote at 
elections \inless he has the following qualifications: 

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

(b) He must be 18 years of age or older. 

(c) He must be a resident of the state of Montana and of the county in 
which he offers to vote for at least 30 days. 

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

(2) No person convicted of a felony has the right to vote while he is 
serving a sentence in a penal institution. 

(3) No person adjudicated to be of vinsound mind has the right to vote, 
unless he has been restored to capacity as provided by law. 

13-1-112. RULES FOR DETERMINING RESIDENCE. For registration or voting, the 
residence of any individual shall be determined by the following rules as far 
as they are applicable: 

(1) The residence of an individual is where his habitation is fixed and to 
which, whenever he is absent, he has the intention of returning. 

(2) An individual may not gain or lose a residence while kept 
involuntarily at any public institution, not necessarily at public expense; as 
a result of being confined in any public prison; or solely as a result of 
residing on a military reservation. 



7 GENERAL FROVISIOIS 13-1-122 

(3) An individual in the armed forces of the United States may not become a 
resident solely as a result of being stationed at a military facility in the 
state. An individual may not acquire a residence solely as a result of being 
employed or stationed at a training or other transient camp maintained by the 
United States within the state. 

(4) An individual 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) An individual 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 an individual moves to another state with the intention of making it 
his residence, he loses his residence in this state. 

(7) The place where an individual's family resides is presumed to be that 
individual's place of residence. However, an individual who takes up or 
continues a residence at a place other than where his family resides with the 
intention of remaining is a resident of the place where he resides. 

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

13-1-113. MiLY (ME RESIDENCE. There can be only one residence. 

13-1-114. COIPUTATION OF ELECTOR'S AGE AND TERM OF RESIDENCE. An 

elector's age and the term of his residence must be computed by including the 
day of election. 

13-1-115. PRIVILEGE FROi ARREST. Electors are privileged from arrest during 
their attendance at elections and in going to and from voting places, except in 
cases of treason, felony, or breach of the peace. 

13-1-116 throi^h 13-1-120 reserved. 

13-1-121. QUESTICW OF HOLDING CONSTITDTIWiAL CONVENTIOl. Unless 
otherwise submitted earlier, the secretary of state shall cause the question of 
holding an unlimited constitutional convention to be submitted to the people at 
the general election in 1990. The same question shall be submitted at the 
general election in each 20th year following its last submission, unless 
otherwise submitted earlier. 

13-1-122. BALLOT FORM AND CONTENT. The ballot submitting the question to 
the people shall contain the following: 

Article XIV, sections 3 and A, of the Montana constitution requires the 
question of holding an unlimited constitutional convention to be submitted to 
the people at the general election in each 20th year following its last submis- 
sion. If a majority of those voting on the question answer in the affirmative, 
the legislature shall provide for the calling thereof at its next session. 



□ 
□ 



FOR calling a constitutional convention 
AGAINST calling a constitutional convention 



13-1-201 ELECTIONS 8 

Part 2 
Role of Secretary of State 

13-1-201. CHIEF ELECTION OFFICER. The secretary of state is the chief 
election officer of this state, and it is his responsibility to obtain and 
maintain uniformity in the application, operation, and interpretation of the 
election laws other than those in chapters 35, 36, or 37 of this title. 

13-1-202. FORMS AND RULES PRESCRIBED BY CHIEF ELECTIW* OFFICER. (1) In 

carrying out his responsibilities under 13-1-201, the secretary of state shall 
prepare and deliver to the election administrators: 

(a) written directives and instructions relating to and based on the 
election laws; 

(b) sample copies of prescribed and suggested forms; and 

(c) advisory opinions on the effect of election laws other than those laws 
in chapters 35, 36, or 37 of this title. 

(2) The secretary of state may prescribe the design of any election form 
required by law. He must seek the advice of election administrators and 
printers in designing the required forms. 

(3) Each election administrator shall comply with the directives and 
instructions and shall provide election forms prepared as prescribed. 

13-1-203. CHIEF ELECTION OFFICER TO ADVISE, ASSIST, AND TRAIN. The 

secretary of state shall advise and assist election administrators with regard 
to application, operation, and interpretation of Title 13, except for chapters 
35, 36, or 37. He shall hold at least one workshop each year to provide 
training and assistance to election administrators. Election administrators 
shall be reimbursed, from funds appropriated to the secretary of state, for 
their mileage and expenses for attending the workshops at the rates set for 
mileage and expenses in 2-18-501 through 2-18-503. At the discretion of the 
secretary of state and within the budget limits allowed for workshops, such 
workshops may be held in several sessions at separate locations in the state. 

13-1-204. ELECTim RECORDS TO BE KEPT BY SECRETARY OF STATE. (1) The 

secretary of state shall maintain current and accurate records including: 

(a) a list of all precincts in each county; 

(b) a map showing the boundaries of all precincts in each county; 

(c) a covint of the nximber of registered voters in each precinct for the 
latest general election; 

(d) a list of legislative districts, judicial districts, and any 
multicounty election districts, showing the precinct numbers of each county 
contained in each district and the number of registered voters in each 
district for the latest general election; 

(e) a count of votes cast at the latest general election by precinct and 
by legislative, judicial, and multicounty districts. 

(2) Each election administrator shall provide the information and map for 
the record required in subsection (1) in the form and at the time prescribed 
by the secretary of state. 



9 GENERAL PROVISIONS 13-1-302 

(3) The records required in subsection (1) and all records in the 
secretary of state's office pertaining to elections shall be open for public 
inspection during normal office hours. 

Part 3 

Local Election Administration 



13-1-301. ELECnWi ADMINISTRATOR. (1) The county clerk and recorder of 
each county is the election administrator unless the governing body of the 
county designates another official or appoints an election administrator. 

(2) The election administrator is responsible for the administration of 
all procedures relating to registration of electors and conduct of elections 
and shall keep all records relating to elector registration and elections. 

(3) The election administrator may appoint a deputy election administrator 
for each political subdivision required to hold annual elections \mder the 
provisions of 13-1-104(3). Each election administrator or deputy election 
administrator is responsible for the conduct of the annual elections of such 
political subdivision, as provided by 13-1-401. 

13-1-302. (Contingent effective date-contingent upon establishment of 
Northwest regional preference prijnary by August 1, 1987.) ELECTI(»i COSTS. (1) 

Unless specifically provided otherwise, all costs of the regularly scheduled 
primary and general elections shall be paid by the counties and other political 
subdivisions for which the elections are held. Each political subdivision 
shall bear its proportionate share of the costs as determined by the county 
governing body. 

(2) A political subdivision holding an annual election with a regularly 
scheduled school election shall bear its proportionate share of the costs as 
determined by the county election administrator and the school district elec- 
tion administrator. 

(3) The political subdivision for which a special election is held shall 
bear all costs of the election, or its proportionate share as determined by the 
county governing body if held in conjunction with any other election. 

(4) The costs of a presidential preference primary provided for in 13-10- 
401 must be paid by the county; however, if the primary is held in conjunction 
with a regularly scheduled school election, the county and the school district 
each shall bear a proportionate share of the costs as determined by the county 
election administrator and the school district election administrator. If a 
county election administrator specifies polling places or hours that differ 
from those set for the school election, the county shall bear any additional 
costs incurred as a result of the different polling places or hours. 

(5) Costs of elections may not include the services of the election ad- 
ministrator or capital expenditures. 

(6) The county governing body shall set a schedule of fees for services 
provided to school districts by the election administrator. 

(7) Election costs shall be paid frojn county funds and any shares paid by 
other political subdivisions shall be credited to the ftind from which the costs 
were paid. 



13-1-302 ELKCnCWS 10 

(8) The porportionate costs referred to in subsection (1) of this section 
shall be only those additional costs incurred as a result of the political 
subdivision holding its election in conjimction with the primary or general 
election. 

13-1-302. ELECnCXI COSTS. (1) Unless specifically provided otherwise, 
all costs of the regularly scheduled primary and general elections shall be 
paid by the counties and other political subdivisions for which the elections 
are held. Each political subdivision shall bear its proportionate share of the 
costs as determined by the county governing body. 

(2) A political subdivision holding an annual election with a regularly 
scheduled school election shall bear its proportionate share of the costs as 
determined by the county election administrator and the school district elec- 
tion administrator. 

(3) The political subdivision for which a special election is held shall 
bear all costs of the election, or its proportionate share as determined by the 
county governing body if held in conjunction with any other election. 

(4) Costs of elections may not include the services of the election ad- 
ministrator or capital expenditures. 

(5) The covinty governing body shall set a schedule of fees for services 
provided to school districts by the election administrator. 

(6) Election costs shall be paid from county funds, and any shares paid by 
other political subdivisions shall be credited to the fund from which the costs 
were paid. 

(7) The proportionate costs referred to in subsection (1) of this section 
shall be only those additional costs incurred as a result of the political 
subdivision holding its election in conjunction with the primary or general 
election. 

13-1-303. DISPOSITKW OF BALLOTS AND OTHER ELECTION MATERIALS. (1) The 

voted ballots, detached stubs, unvoted ballots, and unused ballots from an 
election shall be kept in the unopened packages received from the election 
judges for a period of 12 months. Such packages may be opened only when an 
order for opening is given by the proper official for a recount procedure. 
After 12 months, if there is no contest begxin, recount pending, or appeal of a 
decision relating to a contest or recount, an election administrator may 
destroy the ballots without opening the packages. 

(2) The secretary of state, in consultation with the state records commit- 
tee, shall prepare a suggested plan for retention and destruction of all 
other election records. Each election administrator shall prepare a plan for 
retention and destruction of election records in the county and shall submit 
it to the secretary of state for approval. After approval of such a plan, 
records may be destroyed as provided in the plan. 

13-1-30A. DUTIES OF OFFICIALS WHEN ELECTICW NOT HELD. If a scheduled 
election is not necessary or is canceled for any reason, the governing body or 
official making the determination shall immediately notify the election ad- 
ministrator in writing. If the election is not necessary because of the number 
of candidates filed, the election administrator shall make the determination 
and notify the proper governing body. 



11 



REGISTRATIOi OF ELECTORS 
Part 4 
Political Subdivision Elections 



13-1-401 



13-1-401. MANNER OF (XMiDUCTING GENERAL ELECTIONS FOR POLITICAL SUBDIVISIONS 
REQUIRED TO HOLD ANNUAL ELECTICMS. (1) Any political subdivision required to 
hold annual elections under 13-1-104(3) may cooperate with school districts 
having similar district boundaries to hold the election at the same location. 
The election administrator or deputy election administrator appointed under the 
provisions of 13-1-301 shall cooperate with the school district election 
administrator to share costs, as provided in 13-1-302. 

(2) A political subdivision subject to 13-1-104(3) may, with the consent 
of the election administrator or deputy election administrator, conduct its 
annual election at an annual meeting of the political subdivision or at another 
convenient location within the political subdivision. 

(3) A political subdivision election subject to 13-1-104(3) may be con- 
ducted by mail ballot as provided in Title 13, chapter 19. 

(4) The election administrator or deputy election administrator conducting 
an election under the provisions of subsection (1), (2), or (3) shall give 
notice of the election not less than 20 days or more than 40 days before the 
day of the election by display advertisement at least two times in a newspaper 
of general circulation within the political subdivision. The election ad- 
ministrator or deputy election administrator may notify the public of the 
election by additional posting of notices or radio and television announce- 
ments. 



Section 

13-2-101 

13-2-102 

13-2-111 
13-2-112 
13-2-113 
13-2-114 
13-2-115 
13-2-116 
13-2-117 



13-2-121. 
13-2-122. 



CHAPTER 2 
REGISTRATION OF ELECTORS 
Part 1 — Registrars 

Repealed. Sec. 407, Ch. 571, L. 1979. 

Deputy registrars. 

Sections 13-2-103 through 13-2-110 reserved. 

Repealed. Sec. 407, Ch. 571, L. 1979. 

Register of electors to be kept. 

Repealed. Sec. 407, Ch. 571, L. 1979. 

Registration numbers to be assigned. 

Registration lists to be prepared. 

Precinct register. 

County governing body to provide election adminstrator with 

sufficient help. 

Sections 13-2-118 through 13-2-120 reserved. 

Repealed. Sec. 407, Ch. 571, L. 1979. 

Charges for registers, elector lists, and mailing labels made 

available to public. 



ELECnWS 12 

Part 2 — Registration Procedures 

13-2-201. Hours of registration. 

13-2-202. Registration by personal appearance. 

13-2-203. Registration by mail. 

13-2-204. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-2-205. Procedure when prospective elector not qualified at time of 

registration. 
13-2-206. Citizenship requirements. 
13-2-207. Notice of registration. 

Sections 13-2-208 through 13-2-210 reserved. 
13-2-211. Elector in the United States service defined. 
13-2-212. Registration of electors in the United States service. 
13-2-213. Repealed. Sec. 5, Ch. 396, L. 1985 
13-2-214. Classification of federal post card application. 
13-2-215. Registration of electors whose United States service or employment 

has terminated. 

Part 3 — Close of Registration 

13-2-301. Close of registration -- procedure. 
13-2-302. Registration immediately before an election. 
13-2-303. Repealed. Sec. 407, Ch. 571, L. 1979. 

Part 4 — Cancellation and Challenge of Registration 

13-2-401. Cancellation of registration for failure to vote -- reregistration. 

13-2-402. Other reasons for cancellation. 

13-2-403. Challenge of registration. 

13-2-404. Challenges prior to election. 

Part 5 — Transfer of Registration 

13-2-501. Renumbered 13-2-511 by Code Coimnissioner, 1979. 

13-2-502. Renumbered 13-2-513 by Code Commissioner, 1979. 

13-2-503. Renumbered 13-2-515 by Code Commissioner, 1979. 

Sections 13-2-504 through 13-2-510 reserved. 

13-2-511. Transferring registration or changing name. 

13-2-512. Right to vote when precinct or name changed. 

13-2-513. Procedure for transferring registration. 

13-2-514. Change of residence to another county. 

13-2-515. Inquiry as to previous registration -- notices of changes. 

Part 6 — Effect of Registration 

13-2-601. Name on precinct register prima facie evidence of right to vote. 
13-2-602. Joinder of parties in proceedings to compel entry of name in 

register. 
13-2-603. Erroneous omission of name from precinct register. 



13 REGISTRATION OF ELECTORS 13-2-111 



Part 1 

Registrars 

13-2-101. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-2-102. DEPUTY REGISTRARS. (1) A notary public who fulfills the 
requirements of subsection (A) may act as a deputy registrar in the county in 
which he resides without having been appointed by the county governing body. 
If a notary public fails to fulfill the requirements of subsection (A), he may 
not act as a deputy registrar. 

(2) (a) The governing body of each co\mty may at its discretion appoint two 
or more deputy registrars for each precinct in the county before March 1 of 
each even-numbered year. 

(b) The number of deputy registrars, if appointed, shall be equally 
divided between the political parties meeting the requirements of 13-10-601 
unless one or more of the parties fail to submit the list required in subsec- 
tion (3) or submit an incomplete list. A political party which qualifies 
under 13-10-501 may request the appointment of deputy registrars and shall 
submit a list for such appointments within 30 days of such qualification. 

(c) An appointed deputy registrar must be a resident elector in the 
precinct for which appointed but may register electors in all precincts in the 
state. 

(3) Deputy registrars shall be appointed from lists of individuals 
recommended by the qualified political parties, submitted by February 1 of 
even-numbered years. If no lists are submitted by political parties, the 
governing body may appoint two deputy registrars for each precinct without 
party recommendations. Failure of the governing body to make appointments in 
all precincts does not preclude making appointments in some precincts. 

(A) Each election administrator shall provide training in registration 
procedures to all appointed deputy registrars and any notary public requesting 
the training and shall issue a certificate to each on successful completion of 
the training. The training and certification must be completed by March 15 of 
each even-numbered year. No one is a qualified deputy registrar without a 
current certificate. All certificates expire on March 15 of the following even- 
numbered year. 

(5) Each election administrator shall certify to the secretary of state the 
name of each deputy registrar to whom a certificate has been issued. The 
secretary of state shall then compile a list of deputy registrars with current 
certificates and make that list available to each election administrator and 
the public. 

(6) Deputy registrars shall forward all completed cards to the county 
registrar within 3 days. Registration cards properly executed before a deputy 
registrar prior to the close of registration shall be accepted for 3 days after 
the close of registration. 

13-2-103 through 13-2-110 reserved. 

13-2-111. REPEALED. Sec. A07, Ch. 571, L. 1979. 



13-2-112 KLKCnONS 14 

13-2-112. REGISTER OF ELECTORS TO BE KEPT. Each election administrator 
shall keep an official register of electors in the manner he considers most 
efficient. The original signed registration form for each elector shall be 
filed alphabetically in a separate file for each precinct. Additional files and 
records may be established for convenience. The information recorded in the 
official register of electors and the design of the registration forms shall be 
prescribed by the secretary of state. 

13-2-113. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-2-llA. REGISTRATION NUMBERS TO BE ASSIOiED. (l) The registration 
form for each elector shall be assigned a number by the election administrator, 
using a system of numbering that best accommodates the filing system and list 
preparation method used. The election administrator may adopt the use of the 
elector's social security number as the registration nximber. If social security 
numbers are used, they may not be printed on lists of registered voters or 
released as public information. 

(2) If social security numbers are used as the registration niomber, the 
election administrator may assign an alternative number for any elector who 
does not have a social security number or who declines to provide the number. 
A system of assigning alternative numbers shall be developed in consultation 
with the secretary of state. 

(3) Upon receipt by the election administrator of a properly completed 
registration card, the registration of the elector is complete, and the elec- 
tion administrator shall assign a registration number. 

13-2-115. REGISTRATIMJ LISTS TO BE PREPARED. (1) Immediately after 
registration is closed, the election administrator shall prepare and have 
printed lists of all registered electors in each precinct. Names of electors 
shall be listed alphabetically, with their residence address or mailing address 
if located where street numbers are not used. A preliminary list of registered 
electors may be printed before the close of registration for an election. If a 
preliminary list is printed, a supplementary list must be printed after the 
close of registration. 

(2) A copy of the list of registered voters shall be displayed at the 
polling place. Extra copies of the lists shall be retained by the election 
administrator and furnished to an elector upon request. 

(3) The list of registered electors prepared for a primary election may be 
used for the general election if a supplemental list giving the additions and 
deletions since the primary list was prepared is printed. The election ad- 
ministrator may prepare lists for a special election, but lists are not re- 
quired to be printed for special elections. 

(A) Lists of registered voters need not be printed if the election will not 
be held. 

13-2-116. PRECINCT REGISTER. (1) Before each election, the election 
administrator shall prepare a precinct register for each precinct for use by 
the election judges. The register must contain an alphabetical list of the 
names, with addresses, of the registered electors, a space for the signature of 
the elector, and such other information as prescribed by the secretary of 
state. 



15 REGISTRATION OF KLKCTORS 13-2-203 

(2) If some of the electors in a precinct are not eligible to receive all 
ballots at an election because of a combination of the elections of more than 
one political subdivision, the election administrator shall distinguish the 
names of those eligible for each ballot by whatever method will be clear and 
efficient. (3) When several precincts have been combined at one polling place 
for an election, the election administrator may combine the electors from all 
precincts into one register or may provide separate registers for each pre- 
cinct. 

(4) Precinct registers need not be printed if the election will not be 
held. 

13-2-117. COUNTY GOVERNING BODY TO PROVIDE ELECTIW AWCtNISTRATOR WITH 
SUFFICIENT HELP. The county governing body must provide the election ad- 
ministrator with sufficient help for the duties imposed by this title. The 
cost of stationery, printing, publishing, and posting is a proper charge 
against the county. 

13-2-118 throiigh 13-2-120 reserved. 

13-2-121. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-2-122. CHARGES FOR REGISTERS, ELECTOR LISTS, AND HAILING LABELS MADE 
AVAILABLE TO PUBLIC. Upon written request, the registrar shall furnish to any 
elector for noncommercial use a copy of the official precinct registers, a 
current list of registered electors, or mailing labels for registered electors. 

Upon delivery, the registrar may collect a charge not to exceed the actual 
cost of the register, list, or mailing labels. 

Part 2 

Registration Procedures 

13-2-201. HOURS OF REGISTRATION. The election administrator's office shall 
be open for registration of electors from 8 a.m. \intil 5 p.m. on all regular 
working days. The office may be kept open for the registration of electors at 
other times at the discretion of the election administrator. 

13-2-202. REGISTRATION BY PERSONAL APPEARANCE. An elector may register by 
appearing before the registrar or a deputy registrar and: 

(1) answering any questions asked by the official concerning items of 
information called for in the registration form; 

(2) signing and verifying or affirming the affidavit or affidavits on the 
form. 

13-2-203. REGISTRATIMf BY NAIL. (1) A qualified individual may register by 
mailing, postage paid, a properly completed registration form to the 
election administrator in the county in which he resides. 

(2) The election administrator shall send registration forms for mail 
registrations to all qualified individuals requesting them and shall, in 
addition, arrange for the forms to be widely and conveniently available within 
the county. The mail registration form shall be designed as prescribed by the 
secretary of state. A form prescribed by the secretary of state explaining 



13-2-205 ELECTIONS 16 

voter registration qualifications, deadlines, and purge information shall be 
distributed with the mail registration form. 

(3) The elector shall complete, sign, and, except as provided in 13-2-212, 
either verify or affirm the mail registration form before a notary public or 
other officer empowered to administer oaths or complete and sign the form and 
obtain the signature, address, and voting precinct of at least one registered 
voter in the county who shall witness the facts stated on the registration 
form. 

(A) The registration form must be received by the election administrator on 
or before the day of the close of registration and must be returned to the 
administrator no later than 15 days after the date it is signed by the witness 
or officer before whom signed. 

13-2-204. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-2-205. PROCEDURE WHEN PROSPECTIVE ELECTOR NOT QUALIFIED AT TIME OF 
REGISTRATION. An individual who is not eligible to register because of resi- 
dence or age requirements but who will be eligible on or before election day 
may register if it appears that he will become qualified to vote by election 
day. 

13-2-206. CITIZENSHIP REQUIREMENTS. A person shall not be permitted to 
register until he attains United States citizenship. 

13-2-207. NOTICE OF REGISTRATION. (1) The election administrator shall give 
or mail to each elector a notice, affirming registration and giving the loca- 
tion of the elector's polling place. Mailed notices must conform to postal 
regulations to ensure return, not forwarding, of undelivered notices. 

(2) The election administrator must investigate the reason for the return 
of any mailed notices and correct the address on the registration form and mail 
a new notice or cancel the registration of the elector if a diligent effort 
fails to locate the elector named on the registration form. 

13-2-208 through 13-2-210 reserved. 

13-2-211. ELECTOR IN THE UNITED STATES SERVICE DEFINED. "Elector in the 
United States service" means: 

(1) a member of the armed forces in the active service and his spouse and 
dependents; 

(2) a member of the merchant marine of the United States and his spouse and 
dependents ; 

(3) a member of a religious group or welfare agency assisting members of 
the armed forces of the United States, who is officially attached to and 
serving the armed forces, and his spouse and dependents; 

(A) a citizen of the United States temporarily residing outside the ter- 
ritorial limits of the United States and the District of Columbia and his 
spouse and dependents when residing with or accompanying him. 

13-2-212. REGISTRATION OF ELECTORS IN THE UNITED STATES SERVICE. (1) Any 

elector in the United States service who is absent from the state and the 

county of which he is a resident may register by mailing to the election 
administrator: 



17 REGISTRATION OF ELECTORS 13-2-301 

(a) the registration form, filled out and signed; or 

(b) the federal post card application, filled out and signed. 

(2) The form of the federal post card application, which may be used both 
as an application for registration and for a ballot, shall be prescribed by the 
secretary of state. 

13-2-213. REPEALED. Sec. 5, Ch. 396, L. 1985. 

13-2-214. CLASSIFICATION OF FEDERAL POST CARD APPLICATI(»J. (1) Unless the 
elector is already registered, a federal post card application received from 
an elector in the United States service shall be treated as a simultaneous 
application for registration and for ballot for each primary and general 
election in which he is entitled to vote during the year of its receipt. 

(2) Upon receipt by the election administrator of a federal post card 
application, properly filled out and signed, the election administrator shall: 

(a) classify the application according to the precinct in which the elector 
resides or, if the information is insufficient to determine precinct of resi- 
dence, assign an appropriate precinct; 

(b) immediately enter all information in the registration records of the 
office and either file the post card application with regular registration 
forms or file a photocopy attached to a regular registration form on which the 
information has been entered; 

(c) send to the applicant by the fastest mail service available a notice 
that he has been registered and informing him that a ballot is enclosed or that 
he will be mailed an absentee ballot for the next election in which he is 
entitled to vote under subsection (1). 

(3) The election administrator may use photocopies of the post card ap- 
plication to complete all necessary records. 

13-2-215. REGISTRATICW OF ELECTORS WHOSE UNITED STATES SERVICE OR 
EMPLOYMENT 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 territorial limits of the 
United States too late to register at the time when and place where registra- 
tion 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 
noon on the day before the election. Said elector shall execute a sworn 
affidavit qualifying him under this section to be filed in the office of his 
registration. The 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. This certificate shall be presented to the 
election judges of that precinct at the time of voting. 

Part 3 

Close of Registration 

13-2-301. CLOSE OF REGISTRATICM — PROCEDURE. (1) The election ad- 
ministrator shall: 

(a) close registrations for 30 days before any election; and 

(b) publish a notice specifying the day registrations will close on radio 
or television as provided in 2-3-105 through 2-3-107 or in a newspaper of 



13-2-302 ELECn(»lS 18 

general circulation in the covinty at least once a week for 3 weeks before the 
close of registration. 

(2) Information to be included in the notice shall be prescribed by the 
secretary of state. 

(3) An individual who submits a completed registration form to the election 
administrator before the deadline provided in subsection (l)(a) is allowed to 
correct a mistake on the completed registration form until 5 p.m. on the 10th 
day following the close of registration, and thereafter the qualified elector 
is eligible to vote in the next election. 

13-2-302. REGISTRATICM IMMEDIATELY BEFORE AN ELECTKXI. An individual may 
register during the time when registration is closed preceding any election, 
and the election administrator shall keep his registration form in a separate 
file until it can be properly entered after the election. 

13-2-303. REPEALED. Sec. 407, Ch. 571, L. 1979. 



Part 4 

Cancellation and Challenge of Registration 

13-2-401. CANCELLATIMJ OF REGISTRATI(»I FOR FAILURE TO VOTE — REREGISTRA- 
TI(M. (1) Except as provided in subsection (3), within 60 days after every 
general election in which a president is elected, the election administrator 
shall: 

(a) cancel the registration of the electors who have not voted in each 
precinct, as shown by the official pollbook and precinct register of each 
precinct; 

(b) mark the form of each elector whose registration has been canceled; and 

(c) place canceled forms for the entire county in alphabetical order in the 
canceled file. 

(2) An elector whose registration is canceled may reregister in the same 
manner as if he were registering for the first time. 

(3) The registration of an elector who votes by absentee ballot but whose 
ballot does not arrive in time to be counted may not be canceled if his ballot 
is received and rejected by the election administrator within 10 days succeed- 
ing the election. 

(4) A notice of cancellation shall be published on radio or television as 
provided in 2-3-105 through 2-3-107 or in a newspaper of general circulation in 
the covinty once a week for 2 weeks prior to the date of cancellation. The 
notice shall be run in a display advertisement (known as ROP in the trade) if 
in a newspaper or as an announcement if on radio or television and shall be in 
a form prescribed by the secretary of state. The names of those electors whose 
registration has been canceled need not be published. 

13-2-402. OTHER REAS(XIS FOR CANCELLATIW. The election administrator shall 
cancel the registration of any elector: 

(1) at the written request of the registered elector; 



19 REGISTRATION OF KLKCTORS 13-2-404 

(2) if a certificate of the death of any elector is filed or if an elector 
is reported as deceased by the department of health and environmental sciences 
in the department's reports submitted to the county xinder 72-16-217; 

(3) if the elector is of unsound mind as established by a court; 

(4) if the incarceration of an elector in a penal institution for a felony 
conviction is legally established; 

(5) if a certified copy of a court order directing the cancellation is 
filed with the election administrator; 

(6) if an elector is successfully challenged and not allowed to vote at an 
election upon determination of an election judge; or 

(7) if a notice is received from another county or state that the elector 
has registered in that county or state. 

13-2-403. CHALLENGE OF REGISTRATION. (1) Forty-five or more days before the 
close of registration for an election, three registered electors of a precinct 
may challenge the registration of an elector by filing affidavits giving the 
name of the elector whose registration is challenged, the address at which he 
is registered, and a statement that the affiant has personal knowledge that the 
elector does not reside at the address where registered. 

(2) No later than 3 days after the filing of affidavits as provided in 
subsection (1), the election administrator must send written notice to the 
elector whose registration is challenged, at the address shown on the registra- 
tion form. The notice must state that registration will be canceled within 15 
days of the filing of the affidavits unless the elector refutes the affidavits 
by submitting proof or a sworn statement that he resides at the address given 
on his registration form. 

(3) The election administrator must cancel the registration of an elector 
whose registration is challenged under this section 15 days after the filing of 
the affidavits required in subsection (1) unless proof or a sworn statement as 
required in subsection (2) is received. 

(4) If an elector proves or swears he resides at the address given on his 
registration form after his registration has been canceled as provided in this 
section, he may reregister by completing a new registration form. Such regis- 
tration shall be effective for the next election even though the registration 
for that election is closed. 

13-2-404. CHALLENGES PRIOR TO KLECTIMi. (1) If an elector believes 
another elector fails to meet the qualifications required in 13-1-111, he may 
challenge the right of that elector to vote any time not later than 20 days 
prior to an election. The challenge must: 

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

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

(c) state the grounds of the challenge, objection, and disqualification. 
(2) The election administrator shall: 

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

(b) deliver a correct copy of the affidavit to the judges of election, 
together with the precinct register; 

(c) write in the precinct register beside the name of any individual whose 
qualifications are challenged the words "to be challenged"; 

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



13-2-511 ELECTIONS 20 

Part 5 

Transfer of Registration 

13-2-501. Renxmbered 13-2-511 by Code Commissioner, 1979. 

13-2-502. Renumbered 13-2-513 by Code Commissioner, 1979. 

13-2-503. Renumbered 13-2-515 by Code Commissioner, 1979. 

13-2-504 through 13-2-510 reserved. 

13-2-511. TRANSFERRING REGISTRATION OR CHANGING NAME. An elector shall 
notify the election administrator of a change in residence within the county or 
a change in name by using a transfer form provided by the election ad- 
ministrator or by completing the changed information on a registration or mail 
registration form. The form must be signed and affirmed or verified as required 
on the form. If a registration or mail registration form is used, it must be 
clearly marked "for transfer of address" or "for change of name" in a space 
provided on the form for that purpose. 

13-2-512. RIGHT TO VOTE WHEN PRECINCT OR NAME CHANGED. (1) An elector who 
has changed his residence to a different precinct within the same county and 
has failed to notify the election administrator of the change by a transfer or 
new registration form may vote in the precinct where he is registered at the 
first election at which he offers to vote after the change unless his registra- 
tion has been canceled as provided in 13-2-207, 13-2-401, or 13-2-A02. 

(2) An elector still residing in the same precinct where registered whose 
name has changed and who has failed to notify the election administrator of the 
change by a new registration form may vote under his former name at the first 
election at which he offers to vote after the change unless his registration 
has been canceled as provided in 13-2-207, 13-2-401, or 13-2-402. 

(3) The elector must state his correct residence address and name when 
offering to vote and must complete a transfer form or new registration form to 
make the necessary correction before being allowed to sign the precinct regis- 
ter and vote. 

13-2-513. PROCEDURE FOR TRANSFERRING REGISTRATION. The election ad- 
ministrator shall make the necessary corrections in the registration records in 
his office when he receives a transfer form or corrected registration form if 
he is satisfied the form is valid. The original registration form may be 
fastened to the back of the new form, in which case the original and current 
forms must be retained, or the original registration form may be marked "can- 
celed" and filed in a canceled file. 

13-2-51A. CHANGE OF RESIDENCE TO ANOTHER COUNTY. (1) An elector who changes 
his residence to a different county within this state must register in his new 
county of residence in order to vote in any election unless the change occurs 
less than 45 days before the election. 

(2) An elector who changes his residence to a different county 45 days or 
less before an election may vote in person or by absentee ballot in the pre- 
cinct and county where previously registered. 



21 REGISTRATION OF ELECTORS 13-2-602 

(3) The elector must state his correct name and residence address and date 
of residence change when offering to vote or when applying for an absentee 
ballot. The election administrator shall note the information on the elector's 
registration form if an absentee ballot application is received. The election 
judges shall note the change of address and date of residence change in the 
precinct register if the elector votes in person. 

(A) The registration of an elector who votes under the provisions of 
subsection (2) of this section shall be canceled after the election. 

13-2-515. INQUIRY AS TO PREVIOUS REGISTRATION — NOTICES OF CHANGES. 

(1) The election administrator shall check each new registration to ascertain 
whether the elector has listed previous registration in another county of this 
state or another state. If the elector has been previously registered, the 
election administrator shall enter his name on a notice or may photocopy the 
registration form. 

(2) At least once a week and not more than 3 days after the close of 
registration, the election administrator shall forward the notices or photo- 
copies for counties in this state to the election administrator of the county 
where the elector was previously registered. A list or other record shall be 
kept of notices or photocopies sent. 

(3) Once a month and not more than 3 days after the close of registration, 
the election administrator shall forward the notices or photocopies for other 
states to the secretary of state or chief election official of the state where 
the elector was previously registered. A list or other record shall be kept of 
notices or photocopies sent. 



Part 6 
Effect of Registration 

13-2-601. NAME ON PRECINCT REGISTER PRIMA FACIE EVIDENCE OF RIGHT TO VOTE. 

(1) An elector may not vote at an election mentioned in this title unless 
his name appears on election day in the copy of the official precinct register 
furnished by the election administrator to the election judges. The fact that 
his name appears in the copy of the precinct register is prima facie evidence 
of his right to vote. 

(2) the name of an elector who has been assigned to vote in a precinct 
other than the precinct in which he is registered, as provided in 13-3-213 must 
be printed on a special addendum to the precinct register in a form prescribed 
by the secretary of state. The fact that an elector's name appears on a 
special addendum to the precinct register is prima facie evidence of his right 
to vote in the precinct. 

13-2-602. JOINDER OF PARTIES IN PROCEEDINGS TO COMPEL ENTRY OF NAME IN 
REGISTER. In any action or proceeding instituted in a district court to compel 
the registrar to enter the name of any elector in the precinct register, as 
many persons may be joined as plaintiffs for cause of action and as many 
persons as there are causes of action may be joined as defendants. 



13-2-603 ELKCTKMJS 22 

13-2-603. ERR(XIEOUS QNISSKXi OF NAME FRO! PRECINCT REGISTER. (1) An elector 
whose name is erroneously omitted from a precinct register or other election 
register may secure from the election administrator a certificate of the error, 
stating the precinct in which he is entitled to vote, and present the certifi- 
cate which will entitle him to vote to the election judges. 

(2) The certificate shall be marked "voted" by the election judges and 
returned by them with the precinct register. 

(3) If the elector's polling place is not located in the city where the 
election administrator's office is located, the elector may vote by signing an 
oath that his name was erroneously omitted if the election administrator can 
confirm such omission by telephone to the chief election judge of the precinct. 

CHAPTER 3 

ELECTKXi PRECINCTS 

Part 1 — Election Precincts 

Section 

13-3-101. Establishment of election precincts. 

13-3-102. Change of precinct bovindaries. 

13-3-103. Certification of boundary changes. 

13-3-lOA. Precincts, wards, and election districts. 

13-3-105. Designation of polling place. 

Part 2 — Accessibility of Polling Places 

13-3-201. Purpose. 

13-3-202. Definitions. 

13-3-203. Duty of Secretary of State -- Rulemaking. 

13-3-20A. Exceptions. 

13-3-205. Adoption of standards for polling place accessibility -- Rulemaking 

Authority. 
13-3-206. Survey of polling places to determine accessibility -- procedures. 
13-3-207. Polling place classifications. 
13-3-208 through 13-3-210 reserved 
13-3-211. Emergency Exemption. 

13-3-212. Exemption if no polling place is available. 
13-3-213. Alternative means for casting ballot. 



Part 1 
Election Precincts 



13-3-101. ESTABLISHMENT OF ELECTI(»I PRECINCTS. (1) The territorial unit for 
elections is the election precinct. All election precincts shall be designated 
by numbers, names, or both. 



23 KLKCnOiS PRECINCTS 13-3-105 

(2) The governing body of each county shall establish a convenient niimber 
of election precincts, equalizing the nxomber of electors in each precinct as 
nearly as possible. 

13-3-102. CHANGE OF PRECINCT BOUNDASIES. (1) The county governing body may 
change the boundaries of precincts, but not within 100 days before any primary 
or between a general election and the primary for that election. When the 
changes are required to make precinct boundaries conform to legislative dis- 
trict boundaries following the adoption of a districting and apportionment plan 
under Article V, section 14, of the 1972 Montana constitution or other district 
boundaries changed by the districting and apportionment plan, the changing of 
precinct boundaries must be accomplished within 45 days of the filing of the 
final plan. 

(2) All changes must be certified to the election administrator 3 days or 
less after the change is made. 

(3) The officials responsible for preparing a districting and apportionment 
plan shall consider the problems of conforming present precinct bovindaries to 
the new districts as well as existing boundaries of wards, school districts, 
and other districts. The election administrator of counties involved in the 
plan shall be consulted before adoption of the final plan. 

13-3-103. CERTTPICATIMJ OF BOUNDARY CHANGES. (1) Not more than 10 days 
after an order of the governing body has established or changed the boundaries 
of an election precinct, the governing body shall cause to be prepared and 
delivered to the election administrator a written legal description and a map 
showing the borders of all precincts and districts in which elections are held 
within the county. 

(2) Not more thsin 10 days after school district or other election district 
boiindaries have been changed, the governing body making the change shall 
certify any changes or alterations in the boundaries to the election ad- 
ministrator and deliver a written legal description and a map showing boun- 
daries of the wards, school districts, or other election districts. The map 
must be sufficiently detailed to clearly identify the wards or districts and 
the territory included in each. 

13-3-104. PRECINCTS, WARDS, AND BLECTIMJ DISTRICTS. (1) A ward or election 
district may be divided into two or more precincts, and a precinct may be 
divided into two or more polling places. 

(2) Precincts may include two or more adjoining wards or election dis- 
tricts, together with contiguous territory lying outside the mxinicipality or 
district, if provision can be made for clearly identifying the electors elig- 
ible to vote in each ward or district. 

13-3-105. DESIGNATION OF POLLING PLACE. (1) The county governing body shall 
designate the polling place for each precinct no later than 30 days before a 
primary election. The same polling place shall be used for both the primary and 
general election if at all possible. Changes may be made by the governing body 
in designated polling places up to 10 days before an election if a designated 
polling place is not available. Polling places may be located outside the 
boundaries of a precinct. 

(2) Not more than 10 or less than 2 days before an election, the election 
administrator shall publish in a newspaper of general circulation in the 



13-3-201 ELECTIONS 24 

coxinty, a statement of the locations of the precinct polling places. The 
election administrator shall include in the published notice the accessibility 
designation for each polling place according to the classification in 13-3-207. 
Notice may also be given as provided in 2-3-105 through 2-3-107. 

(3) An election administrator may make changes in the location of a polling 
place if an emergency occurs 10 days or less before an election. Notice shall 
be posted at both the old and new polling places, and other notice may be given 
by whatever means available. 

(4) Any publicly owned building may be used as a polling place. Such 
building must be furnished at no charge as long as no structural changes are 
required in order to use the building as a polling place. 

Part 2 

Accessibility of Polling Places 

13-3-201. PURPOSE. The purpose of this part is to promote the fundamental 
right to vote by improving access for handicapped and elderly individuals to 
polling places. The provisions of this part acknowledge that, in certain 
cases, it may not be pcrssible to locate a polling place that meets the stan- 
dards for accessibility, either because no accessible polling place exists or, 
if it does, its location in the precinct would require undue travel for a 
majority of the electors. In those cases when an accessible polling place is 
not available, this part provides handicapped and elderly voters an alternative 
means for casting a ballot on election day. 

13-3-202. DEFINITIONS. As used in this part, unless the context indicates 
otherwise, the following definitions apply: 

(1) "Accessible" mean accessible to handicapped and elderly individuals for 
purposes of voting as determined in accordance with standards established by 
the secretary of state under 13-3-205. 

(2) "Elderly" means 65 years of age or older. 

(3) "Election" means a general, special, or primary election held in an 
even-numbered year, as provided for in 13-1-104(1) and 13-1-107(1). 

(4) "Handicapped" means having a temporary or permanent physical impairment 
such as: 

(a) impaired vision; 

(b) impaired hearing; or 

(c) impaired mobility. Individuals having impaired mobility include those 
who require use of a wheelchair and those who are ambulatory but are physically 
impaired due to age, disability, or disease. 

13-3-203. DUTY OF SECRETARY OF STATE -- RULEMAKING. (1) Except as provided in 
13-3-204, the secretary of state shall assure that all polling places are 
accessible to handicapped and elderly electors on election day. 

(2) The secretary of state shall adopt rules to establish standards that a 
polling place must meet in order to be designated accessible under this part. 

(3) The secretary of state may adopt any other rules necessary for 
implementation of this part. 



25 ELECnWiS PRECINCTS 13-3-207 

13-3-20A. EXCEPTICMS. Section 13-3-203 does not apply to a polling place 
that: 

(1) is a rural polling place as defined in 13-3-207; 

(2) has been granted an emergency exemption as provided in 13-3-211; or 

(3) is declared exempt under 13-3-212 because no accessible polling place 
is available. 

13-3-205. ADOPTION OF STANDARDS FOR POLLING PLACE ACCESSIBILITY — RULEMAKING 
AUTHORITY. The secretary of state, with advice from election administrators 
and handicapped and elderly individuals, shall establish standards for acces- 
sibility of polling places. The standards, whenever possible, must be consis- 
tent with the standards for accessibility established by the American national 
standards institute and the uniform federal accessibility standards. 

13-3-206. SURVEY OF POLLING PLACES TO DETERMINE ACCESSIBILITY — PROCEDURES. 

(1) Except as provided in 13-3-207 and 13-3-211, the election administrator 
in each county shall conduct an onsite survey of each polling place used in an 
election to determine whether such polling place meets the standards for 
accessibility established under 13-3-205. 

(2) Each election administrator shall conduct the survey in a manner that 
represents the path of travel an elector would reasonable be expected to take 
in order to reach the polling place on election day. 

(3) A polling place that has been surveyed and designated as accessible 
need not be surveyed again so long as the conditions of accessibility remain 
unchanged . 

13-3-207. POLLING PLACE CLASSIFICATIONS. (1) As a result of the survey 
provided in 13-3-206, each polling place must be classified as: 

(a) accessible; 

(b) inaccessible; 

(c) technically inaccessible but usable; or 

(d) rural. 

(2) An accessible polling place is one that meets the standards for acces- 
sibility established by the secretary of state under 13-3-205. 

(3) An inaccessible polling place is one that does not meet the standards 
for accessibility and cannot be made accessible through safe, practical, and 
cost-effective methods. 

(4) A technically inaccessible but usable polling place is one that does 
not meet all the standards for accessibility but has been surveyed, evaluated 
and certified as being adequate for use as a polling place. Such certification 
is cause for the secretary of state to grant the polling place an exemption 
from the standards for accessibility. However, in a future election, the 
secretary of state may issue an objection to the criteria used for determining 
that the facility is usable as a polling place. 

(5) A rural polling place is one that serves less than 200 registered 
electors and is: 

(a) granted an exemption from the standards for accessibility established 
under 13-3-205, and 

(b) subject to review and redesignation 45 days prior to an election. 

(6) A rural designation may not be construed as cause for denying hand- 
icapped or elderly electors at a polling place the right to choose an alterna- 
tive means for casting a ballot on election day as provided in 13-3-213. 



13-3-211 KLKCTKMS 26 

13-3-208 through 13-3-210 reserved. 

13-3-211. EMERGENCY EXEMPTION. (1) The secretary of state shall exempt a 
polling place from the requirements of this part if an emergency occurs within 
10 days prior to an election. An emergency is considered to exist if a polling 
place becomes unavailable by reason of loss of lease, fire, snow, or natural 
disaster. 

(2) If an emergency occurs, the election administrator in the county shall 
designate a new polling place in accordance with the procedure provided in 13- 
3-105. The new polling place must be considered temporary and must be exempt 
from the survey procedures established under 13-3-206. However, such polling 
place may not be used in a subsequent election unless it is surveyed as re- 
quired in 13-3-206. 

13-3-212. EXEMPTION IF NO ACCESSIBLE POLLING PLACE IS AVAILABLE. (1) If an 

existing polling place has been surveyed and designated as being inaccessible, 
the election administrator shall make a reasonable effort to locate and survey 
all potential sites with comparable utility as a polling place. 

(2) The election administrator shall request in writing to the secretary of 
state that an inaccessible polling place be exempt from the standards for 
accessibility if: 

(a) all potential polling places have been surveyed and it is determined 
that no accessible polling place is available; and 

(b) the county cannot safely or reasonably make a polling place temporarily 
accessible in the area involved. 

(3) Nothing in this section may require an election administrator to select 
an accessible facility as a polling place if its locations requires excessive 
travel or imposes other hardships for the majority of qualified electors in the 
precinct. 

13-3-213. ALTERNATIVE MEANS FOR CASTING BALLOT. (1) The election ad- 
ministrator shall provide handicapped and elderly individuals £in alternative 
means for casting a ballot on election day if they are assigned to an inacces- 
sible polling place. These alternative means for casting a ballot include: 

(a) delivery of a ballot to the elector as provided in 13-13-118; 

(b) voting by absentee ballot as provided in 13-13-222; and 

(c) prearranged assignment to an accessible polling place within the 
county . 

(2) Any handicapped or elderly elector assigned to an inaccessible polling 
place who desires to vote at an accessible polling place: 

(a) shall request assignment to an accessible polling place by notifying 
the election administrator in writing at least 7 days preceding the election; 

(b) must be assigned to the nearest accessible polling place or technically 
inaccessible polling place for the purpose of voting in the election; 

(c) shall sign his name on a special addendum to the official precinct 
register as required in 13-2-601; and 

(d) shall receive the same ballot to which he is otherwise entitled. 

(3) For the purpose of subsection (2), the ballot cast at an alternative 
polling place must be processed and coxinted in the same manner as an absentee 
ballot. 



27 ELECnCM JUDGES 13-4-102 

CHAPTER 4 

ELECTKXI JUDGES 

Part 1 — Appointment 

Section 

13-4-101. Appointment of election judges -- other boards of election judges. 

13-A-102. Manner of choosing election judges. 

13-A-103. Judges to serve until others appointed. 

13-A-lOA. Election administrator to notify judges. 

13-A-105. Oath of judges. 

13-A-106. Compensation of judges. 

13-A-107. Qualifications of election judges. 

Part 2 — Functions 

13-A-201. Duties of chief election judge. 

13-A-202. Administration of oaths. 

13-A-203. Instruction of judges -- training materials. 

13-A-20A through 13-A-206. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-A-207. Judges to remain at polls -- emergency provisions. 



Part 1 

Appointment 

13-4-101. APPOINTMENT OF ELECTICKI JUDGES -- OTHER BOARDS OF ELECTION 
JUDGES. (1) At least 30 days before the primary election in even-numbered 
years, the county governing body shall appoint 3 or more election judges for 
each precinct, one of whom shall be designated chief judge. 

(2) A second board of election judges, designated as a counting board, may 
be appointed in any precinct if recommended by the election administrator. 

(3) A board of election judges, designated as a counting board for absentee 
ballots, may be appointed to covint all absentee ballots for all precincts if 
recommended by the election administrator. 

13-4-102. MANNER OF CHOOSING ELECTIMJ JUDGES. (1) Election judges shall be 
chosen from lists of qualified registered electors for each precinct in the 
county, submitted at least A5 days before the primary election in even-numbered 
years by the coxinty central committees of the political parties eligible to 
nominate candidates in the primary. 

(2) The list of each party may contain more names than the number of 
election judges to be appointed. The names of those not appointed as election 
judges shall be given to the election administrator for use in making appoint- 
ments to fill vacancies. 

(3) Each board of election judges shall contain judges representing all 
parties that have submitted lists as provided in subsection (1). No more than a 
majority may be appointed from the list of one political party in each pre- 
cinct. If any of the political parties entitled to do so fail to submit a list. 



I 3- A- 103 ELECTIONS 28 

the governing body shall, insofar as possible, appoint judges so that all 
parties eligible to participate in the primary are represented on each board. 
(A) The election administrator shall make appointments to fill vacancies 
from the list provided for in subsection (2), or if the list is in sufficient, 
any qualified registered elector from the county may be appointed. 

13-A-103. JUDGES TO SERVE UNTIL OTHERS APPOINTED. The election judges 
continue to be judges of all elections held in their precincts until other 
judges are appointed. 

13-A-lOA. ELECTION ADMINISTRATOR TO NOTIFY JUDGES. The election ad- 
ministrator must notify the judges of their appointment and of the time set for 
instruction sessions. 

13-A-105. OATH OF JUDGES. Before votes are cast, the election judges must 
take and subscribe the official oath prescribed by the constitution. The 
election judges may administer the oath to each other. 

13-A-106. CWIPENSATION OF JUDGES. (1) Election judges shall be paid at the 
prevailing federal minimum wage for the number of hours worked during an 
election plus the number of hours spent at the instruction session. Mileage may 
be paid to election judges for attending instruction sessions. 

(2) The chief election judge may be reimbursed for the actual expenses of 
transporting election materials. 

(3) The election administrator shall certify the amount due each election 
judge to the county governing body as soon after an election as all records 
necessary for such certification are received. 

13-A-107. QUALIFICATIONS OF ELECTION JUDGES. (1) Election judges shall be 
registered electors of the county and of the precinct in which they serve, 
except as provided in 13-4-102(A). 

(2) No election judge may be a candidate or a spouse, ascendent, descen- 
dent, brother, or sister of a candidate or a candidate's spouse or the spouse 
of any of these in an election precinct where the candidate's name appears on 
the ballot. However, this does not apply to candidates for precinct offices. 

Part 2 

Functions 

13-A-201. DUTIES OF CHIEF ELECTION JUDGE. The chief election judge shall be 
responsible for the conduct of the proceedings in the polling place, shall 
assign duties to other members of the board of election judges, and shall be 
responsible for the return of all ballots and election supplies to the election 
administrator . 

13-A-202. ADMINISTRATION OF OATHS. Any election judge may administer and 
certify oaths required during an election. 

13-A-203. INSTRUCTI(M4 OF JUDGES — TRAINING MATERIALS. (1) Before each 
election, all election judges who do not possess a current certificate of 



29 ELECTION JUDGES 13-A-207 

instruction shall be instructed by the election administrator. In precincts 
where voting machines or devices are used, instructions shall cover both 
machines or devices and paper ballots. 

(2) Chief judges may be required to attend the training session before each 
election, as well as a special session that may be held for chief judges only. 

(3) Any individual willing to be appointed an election judge may attend an 
instruction session by registering with the election administrator. Such 
individuals may not be paid for attendance unless they are appointed election 
judges. 

(4) The secretary of state shall prepare and distribute training materials 
for election judges. The materials shall include instructions on the use of all 
machines or devices approved for use in this state, as well as paper ballots. 
Enough copies of the materials to supply all election judges in the county and 
provide a small extra supply shall be sent to each election administrator. The 
secretary of state shall hold at least one work shop every 2 years to instruct 
election administrators and their staffs in use of the materials. Workshops may 
be held in various locations around the state. Costs of the materials and 
workshops shall be paid by the secretary of state. 

(5) Each election judge completing a training session shall be given a 
certificate of completion. No individual may serve as an election judge without 
a valid certificate. However, this does not apply to individuals filling 
vacancies in emergencies. 

(6) All certificates of completion expire 30 days before the primary 
election in even-numbered years. 

(7) Notice of place and time of instruction must be given by the election 
administrator to the county chairmen of the political parties. 

13-4-20A. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-A-205. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-4-206. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-A-207. JUDGES TO REMAIN AT POLLS -- EMERGENCY PROVISKMJS. (1) Election 
judges may not leave the premises on which the polling place is located during 
the hours they are assigned to work unless permission to leave is given by the 
chief election judge for that precinct. Permission may be granted only for 
illness or a family emergency. 

(2) A chief election judge must obtain the permission of the election 
administrator to leave the polling place premises because of illness or an 
emergency. If the chief judge is excused, the election administrator shall 
appoint one of the other judges to act as chief election judge. 

(3) The time of departure and reason for leaving shall be entered near the 
oath form subscribed by the election judge or on a form provided by the elec- 
tion administrator. The chief election judge shall sign the entry. 

(4) The election administrator may appoint a judge to replace an excused 
judge. 



CHAPTERS 5 THROUGH 9 
RESERVED 



KLKCTI(M« 30 

CHAPTER 10 

PRIMARY ELECTIONS AND NOMINATIONS 

Part 1 — General Provisions 

Section 

13-10-101. Repealed. Sec. A07, Ch. 571, L. 1979. 

Part 2 — Preprimary Procedures 

13-10-201. Declaration for nomination. 

13-10-202. Filing fees. 

13-10-203. Indigent candidates. 

13-10-20A. Write-in nominations. 

13-10-205. Register of candidates. 

13-10-206. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-10-207. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-10-208. Certificate of primary ballot -- printing ballot. 

13-10-209. Arrangement of ballots. 

13-10-210. Repealed. Sec. A07, Ch. 571, L. 1979. 

Part 3 -- Primary Election Procedure 

13-10-301. Casting of ballot. 

13-10-302. Write-in votes for previously nominated candidates. 

13-10-303. Nominations by more than one party. 

13-10-304. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-10-305. Independent forfeits place on ballot. 

Sections 13-10-306 through 13-10-310 reserved. 
13-10-311. Election judges' duties upon closing of polls. 
13-10-312 through 13-10-321. Repealed. Sec. A07, Ch. 571, L. 1979. 

Sections 13-10-322 through 13-10-32A reserved. 
13-10-325. Withdrawal from nomination. 
13-10-326. Vacancy prior to primary election. 

13-10-327. Vacancy after primary and prior to general election. 
13-10-328. Vacancy in governor or lieutenant governor candidacy. 

Part 4 — Presidential Preference Primary 

13-10-AOl. Date of presidential primary. 

13-10-A02. Ballot. 

13-10-A03. Form of ballot. 

13-10-AOA. Nomination petition. 

13-10-A05. Submission and verification of petition. 

13-10-A06. Repealed. Sec. 11, Ch. 6AA, L. 1987. 

13-10-A07. Delegates to national presidential nominating conventions. 



i 



i 



31 PRIMABY KLKCnOJS AND NOMINATKWS 13-10-201 

Part 5 — Methods of Nomination 
Other Than by Primary Election 

13-10-501. Petition for nomination by independent candidates or political 
parties not eligible to participate in primary election. 

13-10-502. Signature requirements for petition. 

13-10-503. Filing deadlines. 

13-10-50A. Independent or minor party candidates for president or vice presi- 
dent. 

13-10-505. Applicability. 

13-10-506. Repealed. Sec. 407, Ch. 571, L. 1979. 

Part 6 — Nominations by Political Parties 

13-10-601. Parties eligible for primary election -- petitions by minor parties. 

13-10-602. Use of party name. 

13-10-603. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-10-60A. Nominations for minor parties. 



Part 1 

General Provisions 

13-10-101. REPEALED. Sec. A07, Ch. 571, L. 1979. 

Part 2 

Preprimary Procedxires 

13-10-201. DECLARATKMJ FOR NOMINATKMi. (1) Each candidate in the primary 
election, except nonpartisan candidates filing under the provisions of chapter 
14, shall send a declaration for nomination to the secretary of state or 
election administrator. Each candidate for governor shall send a joint declar- 
ation for nomination with a candidate for lieutenant governor. 

(2) A declaration for nomination shall be filed in the office of: 

(a) the secretary of state for a congressional office, state or district 
office to be voted for in more than one county, member of the legislature, or 
judge of the district court; 

(b) the election administrator for a county, municipal, precinct, or 
district office (other than a member of the legislature or judge of the dis- 
trict court) to be voted for in only one county. 

(3) Each candidate shall sign the declaration and send with it the required 
filing fee or, in the case of an indigent candidate, send with it the documents 
required by 13-10-203. The declaration for nomination shall be acknowledged by 
an officer empowered to acknowledge signatures if sent by mail or by the 
officer of the office at which the filing is made. 

(A) The declaration, when filed, is conclusive evidence that the elector is 
a candidate for nomination by his party. 

(5) The declaration for nomination shall be in the form and contain the 
information prescribed by the secretary of state. The secretary of state and 



13-10-202 ELECTIONS 32 

election administrator shall furnish declaration for nomination forms to 
individuals requesting them. 

(6) Declarations for nomination shall be filed no sooner than 135 days 
before the election in which the office first appears on the ballot and no 
later than 5 p.m., 75 days before the date of the primary election. 

13-10-202. FILING FEES. Filing fees are as follows: 

(1) for offices having an annual salary of $2,500 or less and candidates 
for the legislature, $15; 

(2) for county offices having an annual salary of more than $2,500, 0.5% of 
the total annual salary; 

(3) for other offices having an annual salary of more than $2,500, 1% of 
the total annual salary; 

(4) for offices in which compensation is paid in fees, $10; 

(5) for officers of political parties, presidential electors, and officers 
who receive no salary or fees, no filing fee is required. 

13-10-203. INDIGENT CANDIDATES. If an individual is unable to pay a filing 
fee, the filing officer shall accept the following documents in lieu of a 
filing fee: 

(1) from a successful write-in candidate, a verified statement that he is 
unable to pay the filing fee; 

(2) from a candidate for nomination, a verified statement that he is unable 
to pay the filing fee and a written petition for nomination as a candidate that 
meets the following requirements: 

(a) contains the name of the office to be filled and the candidate's name 
and residence address; 

(b) contains signatures numbering 5% or more of the total vote cast for the 
successful candidate for the same office at the last general election; 

(c) the signatures are those of electors residing within the political 
subdivision of the state in which the candidate petitions for nomination; and 

(d) the signatures have been certified by the appropriate election ad- 
ministrator by the procedure provided in 13-27-303 and 13-27-304. 

13-10-204. WRITE-IN NOflNATIONS . An individual nominated by having his name 
written in on the primary ballot and desiring to accept the nomination may not 
have his name printed on the general election ballot unless he: 

(1) files with the secretary of state or election administrator no later 
than 10 days after the official canvass, a written declaration indicating his 
acceptance of the nomination; 

(2) pays the required filing fee or, if indigent, complies with 13-10-203; 

(3) received at least 5% of the total votes cast for the successful can- 
didate for the same office at the last general election; and 

(4) complies with the provisions of 13-37-126. 

13-10-205. REGISTER OF CANDIDATES. The secretary of state and the election 
administrator may each keep a register of candidates who file with their 
respective offices. The register shall provide a complete record of the re- 
quisite information pertaining to all candidates in the primary and general 
election. Information on ballot issues may also be included in the register. 
The secretary of state may prepare and distribute a recommended format for the 
register. 



33 PRIMARY ELECTIONS AND NOONATIONS 13-10-209 

13-10-206. REPEALED. Sec. A07, Ch. 571, L. 1979. 
13-10-207. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-10-208. CERTIFICATE OF PRIMARY BALLOT -- PRINTING BALLOT. (1) Not more 
than 75 days and not less than 67 days before the date of the primary election, 
the secretary of state shall certify to the election administrators the names 
and designations of candidates, except as provided in 13-37-126, and any ballot 
issues as shown in the official records of his office in the manner provided in 
13-10-209 and chapter 12, part 2, of this title. 

(2) Not more than 67 days and not less than 62 days before the date of the 
primary election, the election administrator shall certify the names and 
designations of candidates, except as provided in 13-37-126, and any ballot 
issues as shown in the official record of his office and have the official 
ballots printed in the manner provided in 13-10-209 and chapter 12, part 2, of 
this title. 

13-10-209. ARRANGEMENT OF BALLOTS. (1) (a) Ballots for a primary election 
shall be arranged and printed in the same manner and number as provided in 
chapter 12 for general election ballots, except there shall be separate ballots 
for each political party entitled to participate. The name of the political 
party shall be printed at the top of the separate ballot for that party and 
need not be printed opposite each candidate's name. 

(b) Nonpartisan offices and ballot issues may be printed on separate 
ballots or may appear on the same ballot as partisan offices if: 

(i) each section is clearly identified as separate; and 

(ii) such nonpartisan offices and ballot issues appear on each party's 
ballot. 

(2) It is not necessary to print a primary ballot for a political party 
which does not have candidates for more than half of the offices on the ballot 
in even-year elections if no more than one candidate files for nomination by 
that party for any of the offices on the ballot. The secretary of state shall 
certify that no primary election is necessary for that party if such is the 
case and shall certify or instruct the election administrator to certify the 
names of the candidates for that party for the general election ballot only. 

(3) The separate ballots for each party shall be the same size and color. 
The stubs of each set of party ballots shall bear the same number. If printed 
as a separate ballot, the nonpartisan ballot shall be a different size or color 
than the party ballots, but the stubs shall be niimbered in the same order as 
the party ballots. 

(4) If a ballot issue is to be voted on at a primary election, it may be 
placed on the nonpartisan ballot or a separate ballot. A separate ballot may be 
a different size and color than the other ballots in the election, but the 
stubs shall be numbered in the same order. 

(5) Each elector shall receive a set of party ballots and a nonpartisan and 
a ballot issue ballot if such ballots are printed. 

13-10-210. REPEALED. Sec. 407, Ch. 571, L. 1979. 



13-10-301 KLKCTKMJS 34 

Part 3 

Primary Election Procedure 

13-10-301. CASTING OF EALLOT. (1) Unless otherwise provided by law, the 
conduct of the primary election, the voting procedure, the counting, tallying, 
and return of ballots and all election records and supplies, the canvass of 
votes, the certification and notification of nominees, recounts, procedures 
upon tie votes, and any other necessary election procedures shall be at the 
same times and in the same manner as provided for in the laws for the general 
election. 

(2) At a primary election, the elector shall mark only one of the set of 
party ballots. After marking any other ballots received other than the party 
ballots, the elector shall fold the marked and unmarked ballots separately in a 
manner so that the marks cannot be seen, the official stamp is visible on each 
ballot, and all stubs can be detached by an election judge. 

(3) The elector shall hand the marked and unmarked ballots separately to 
the election judge, identifying them as marked and unmarked. If the judge 
determines the ballots may be voted, he shall, in the presence of the elector: 

(a) remove the stubs from all the ballots; 

(b) deposit the unmarked ballot or ballots and all the stubs in the stub 
and unmarked ballot box; 

(c) and deposit the marked ballots in the voted ballot box. 

13-10-302. WRITE-IN VOTES FOR PREVIOUSLY NWONATED CANDIDATES. If an 

elector writes the name of an individual upon a primary party ballot when the 
individual's name appears as a candidate for the same office on another party 
ballot, the vote shall count for the individual only as a candidate of the 
party upon whose ballot his name is written and the votes cast on the separate 
party ballots may not be added together. 

13-10-303. NOMINATKMiS BY MORE THAN ONE PARTY. If an individual is nomi- 
nated by more than one party, he shall, not later than 10 days after the 
election, file written notification with the secretary of state or election 
administrator indicating the party under which his name is to appear upon the 
ballot for the general election. If he fails to notify the proper officers, 
his name shall appear under the party with whom his declaration for nomination 
was filed if a declaration was filed. If an individual did not file a declara- 
tion or acceptance of nomination and fails to notify the proper officers, his 
name shall be printed on the ballot without a party designation. 

13-10-304. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-10-305. INDEPENDENT FORFEITS PLACE (M BALLOT. An individual who has 
filed as an independent candidate forfeits his place on the general election 
ballot as an independent candidate if he accepts a write-in nomination for an 
office as provided in 13-10-204. 

13-10-306 through 13-10-310 reserved. 



35 PRIMARY ELECTIONS AND N(MINATIONS 13-10-327 

13-10-311. ELECTION JUDGES' DUTIES UPON CLOSING OF POLLS. (1) The election 
judges at the primary election shall separate the ballots for each political 
party and count each party's ballots separately. 

(2) They shall reconcile the total number of party ballots and the separate 
total number of other ballots used at the election with the number of electors 
voting. Any discrepancies in the reconciliations shall be handled as provided 
in 13-15-201(3). 

(3) Each party's candidates shall be listed separately in the tally books. 
(A) The voted ballots of each party shall be bundled separately for return 

to the election administrator. The unvoted ballots deposited in the stub box 
shall be bundled with the stubs. 

13-10-312 through 13-10-321. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-10-322 through 13-10-324 reserved. 

13-10-325. WITHDRAWAL ¥R(M NWIINATION. (1) A candidate for nomination or 
candidate for election to an office may withdraw from the election by sending a 
statement of withdrawal to the officer with whom his declaration, petition, or 
acceptance of nomination was filed. The statement must contain all information 
necessary to identify the candidate and the office sought and the reason for 
withdrawal. It shall be sworn or affirmed before an officer empowered to 
administer oaths. A candidate may not withdraw later than 75 days before an 
election. 

(2) Filing fees paid by the candidate may not be refunded. 

13-10-326, VACANCY PRIOR TO PRIMARY ELECTION. (1) If a candidate for 
nomination for a partisan office dies or withdraws 75 days or more before the 
primary election, the affected political party may appoint someone to replace 
the candidate by the procedure provided in 13-10-327. 

(2) If the death or withdrawal occurs less than 75 days before the primary, 
the affected political party shall appoint a candidate after the primary as 
provided in 13-10-327 if a candidate for that office for that party was not 
nominated at the primary election. This section does not allow a political 
party to appoint a candidate for an office if no candidate for nomination by 
that party filed for the office before the primary election. 

13-10-327. VACANCY AFTER PRIMARY AND PRIOR TO GENERAL ELECTION. (1) If a 

party candidate dies or withdraws after the primary and before the general 
election, the affected political party shall appoint someone to replace the 
candidate in one of the following ways: 

(a) For offices to be filled by the state at large, the state central 
committee shall make the appointment as provided by the rules of the party. 

(b) For offices to be filled in districts including more than one county, a 
committee appointed by the county central committees of all counties in the 
district shall make the appointment. Procedures for the appointment of the 
committee and making the appointment shall be provided in party rules. 

(c) For offices to be filled in counties, municipalities, or districts 
wholly within a county, the appointment shall be made under rules adopted by 
the county central committee. 

(2) Appointments to fill vacancies must be made no later than 65 days 
before the election. A candidate may not officially withdraw 75 days or less 



13-10-328 ELECTIONS 36 

before a general election. However, if a candidate for partisan office dies 
less than 75 days before the general election, the affected political party 
shall appoint a candidate within 5 days after being notified of the vacancy. 
The procedures provided in 13-12-20A shall be used to place the name of the 
appointee on the ballot if necessary. 

(3) The appointing conmittee shall send a certificate to the officer with 
whom a declaration for nomination for the office would be filed, with the 
information required on a declaration for nomination and the name of the 
candidate for whom the appointee is to be substituted. The appointee shall send 
a signed and acknowledged acceptance of the appointment and the filing fee for 
the office. 

(4) The officer receiving the certificate of appointment, accompanied by a 
statement of acceptance and the filing fee, shall certify the name of the 
appointee for the ballot. 

13-10-328. VACANCY IN GOVERNOR OR LIEUTENANT GOVERNOR CANDIDACY. The death 
or withdrawal of a candidate for governor or lieutenant governor does not 
affect the candidacy of the other joint candidate. 

Part 4 

Presidential Preference Primary 

13-10-401. (Contingent effective date- contingent upon establishment of 
Northwest regional preference priaiary by August 1, 1987.) DATE OF PRESIDENTIAL 
PRIMARY. In the years in which a president of the United States is to be 
elected, a presidential preference primary election will be held on the same 
day as the election provided for in 20-20-105. 

13-10-401. DATE OF PRESIDENTIAL PRIMARY. In the years in which a president 
of the United States is to be elected, a presidential preference primary 
election will be held on the same day as the primary provided for in 13-1-107. 

13-10-402. (Contingent effective date-contingent upon establishment of 
Northwest regional preference primary by August 1, 1987.) BALIX)T. Separate 
ballots for each political party shall be used for the presidential preference 
primary election. 

13-10-402. BALLOT. The regular party primary ballots shall be used for the 
presidential preference primary election. The presidential section of the 
ballot shall be placed before any other section, national, state, or local. 

13-10-403. (Contingent effective date -contingent upon establishment of 
Northwest regional preference primary by Augiist 1, 1987.) FORM OF BALLOT. The 

presidential preference ballot for each political party shall list all can- 
didates nominated in accordance with the provisions of this part and shall, in 
addition, include a presidential ballot position which shall be designated as 
"no preference" and a blank write-in space. 

13-10-403. FORM OF BALLOT. The presidential preference ballot shall list 
all candidates nominated in accordance with the provisions of this part and 



37 PRIMARY ELECTIONS AND N(»IINCATIONS 13-10-A09 

shall, in addition, include a presidential ballot position which shall be 
designated as "no preference" and a blank write-in space. 

13-10-40A. NOKINATION PETITION. Before a presidential candidate may qualify 
for placement on the ballot, he must be nominated on petitions with the veri- 
fied signatures of at least 1,000 qualified electors from each congressional 
district. The secretary of state is empowered to prescribe the form and content 
of the petition. 

13-10-405. SUBMISSION AND VERIFICATION OF PETITION. Petitions of nomination 
for the presidential preference primary election must be presented to the 
election administrator of the county in which the signatures are gathered. The 
election administrator must verify the signatures in the manner prescribed in 
13-27-303 through 13-27-308 and must forward the petitions to the secretary of 
state. The petitions must be submitted to the election administrator before the 
filing deadline established in 13-10-201(6). No filing fee is required. 

13-10-406. Repealed Sec. 11, Ch. 65, L. 1987 

13-10-407. DELEGATES TO NATIONAL PRESIDENTIAL NOONATING CONVENTIONS. The 

method of selection of delegates to national presidential nominating conven- 
tions is to be set by party rules. The use of the results of the presidential 
preference primary election by the political parties in their delegation 
selection systems is discretionary and is to be determined by party rules. 

13-10-408. (Contingent effective date-contingent upon establishment of 
Northwest regional preference prijnary by August 1, 1987.) PRESIDENTIAL PREFER- 
ENCE PRIMARY ELECTION PROCEDURES. (l) The polls for a presidential preference 
primary election must open no later than noon. The county election admin- 
istrator may order the polls to open earlier, but no earlier tham 7 a.m. 

(2) Procedures for the close of voter registration for a presidential 
preference primary election must follow 13-2-301. 

(3) The county election administrator may designate polling places for a 
presidential preference primary that differ from those designated for other 
county elections. Notice of the location of polling places must be given as 
provided in 13-3-105. 

(4) For a presidential preference primary election, the election ad- 
ministrator shall appoint, under the provisions of 13-4-102(3), at least three 
election judges for each polling place. The judges may also serve for school 
elections and special district elections. The provisions of 13-4-105, 13-4- 
106, and 13-4-107 apply to the election judges for the presidential preference 
primary. 

(5) Election day polling place procedures, absentee balloting, challenged 
ballot procedures, canvassing, and recount procedures for the presidential 
preference primary election must comply with the requirments of Title 13, 
except that presidential preference primary returns may be canvassed and 
reported by precinct or by polling place. 

13-10-409. (Contingent effective date- contingent upon establishment of 
Northwest regional preference primary by August 1, 1987) ARRANGEMENT OF NAMES. 

The provisions of 13-12-205 do not apply to the presidential preference primary 



13-10-501 ELECTIONS 38 



ballot. An election administrator shall determine by lot the order of can- 
didates' names on the ballot for that county. 

Part 5 

Methods of Nomination Other Than by Primary Election 

13-10-501. PETITION FOR NOONATION BY INDEPENDENT CANDIDATES OR POLITICAL 
PARTIES NOT ELIGIBLE TO PARTICIPATE IN PRIMARY ELECTKMi. (1) Except as provided 
in 13-10-50A, nominations for public office by an independent candidate or a 
political party which does not meet the requirements of 13-10-601 may be made 
by a petition for nomination. 

(2) The petition must contain the same information and the oath of the 
candidate required for a declaration for nomination. 

(3) If a petition is filed by a political party, it must contain the 
party name and, in five words or less, the principle which such body repre- 
sents. 

(A) The form of the petition shall be prescribed by the secretary of state, 
and he shall furnish sample copies to the election administrators and on 
request to any individual. 

(5) Each sheet of a petition must contain signatures of electors residing 
in only one county. 

13-10-502. SIGNATURE REQUIREMENTS FOR PETITKMJ. (1) The petition for 
nomination must be signed by electors residing within the state and district or 
political subdivision in which the officer or officers are to be elected. Each 
signature line must contain spaces for the signature, post-office address, and 
printed last name of the signer. 

(2) The number of signatures must be 5% or more of the total vote cast for 
the successful candidate for the same office at the last general election. 

(3) If the office sought is a new office or the boundaries of the district 
or political subdivision in which the election is to be held have changed since 
the last election for the office, the secretary of state shall determine the 
number of signatures required for a petition of nomination for that office. 

13-10-503. FILING DEADLINES. (1) A petition for nomination, accompanied by 
the required filing fee, shall be filed with the same officer with whom other 
nominations for the office sought are filed. Petitions must be submitted, at 
least 1 week before the deadline for filing, to the election administrator in 
the county where the signer resides for verification and certification by the 
procedures provided in 13-27-303 through 13-27-306. In the event there are 
insufficient signatures on the petition, additional signatures may be submitted 
before the deadline for filing. 

(2) Except as provided in 13-10-50A, each petition shall be filed on or 
before the filing deadline for the primary election or for the special or 
general election if no primary election is scheduled. 



39 PRIMABY KLECTICWS AND NOMINATIONS 13-10-602 

13-10-504. INDEPENDENT OR MINOR PARTY CANDIDATES FOR PRESIDENT OR VICE 
PRESIDENT. (1) An individual who desires to run for president or vice president 
as an independent candidate or as a candidate of a party not qualified under 
13-10-601 must file a petition for nomination with the secretary of state 90 
days prior to the date of the general election. 

(2) The petition must first be submitted, at least 1 week before the 
deadline for filing, to the election administrator in the coxinty where the 
signer resides for verification and certification by the procedures provided in 
13-27-303 through 13-27-306. 

(3) The petition must have the signatures of electors equal to 5% or more 
of the total votes cast for the successful candidate for governor at the last 
general election. The names of the candidates for the required number of 
presidential electors allowable to Montana shall be certified to the secretary 
of state when the petition for nomination is filed. 

13-10-505. APPLICABILITY. The provisions of 13-10-501 through 13-10-50A 
shall not be used to fill vacancies or to nominate candidates in nonpartisan 
elections except for nominations to fill a vacancy as provided in 13-25-205. 

13-10-506. REPEALED. Sec. A07, Ch. 571, L. 1979. 

Part 6 

Nominations by Political Parties 

13-10-601. PARTIES ELIGIBLE FOR PRIMARY ELECTION — PETITIONS BY MINOR 
PARTIES. (1) Every political party that had a candidate for a statewide office 
who received a total vote that was 5% or more of the total votes cast for the 
successful candidate for governor at the last general election shall nominate 
its candidates for public office, except for presidential electors, by a 
primary election as provided in this chapter. 

(2) A political party that does not qualify to hold a primary election 
under subsection (1) may qualify to nominate its candidates by primary election 
by presenting a petition, in a form prescribed by the secretary of state, 
requesting the primary election and signed by a number of registered voters 
equal to 5% or more of the total votes cast for the successful candidate for 
governor at the last general election, which number must include the registered 
voters in more than one-third of the legislative districts equal to 5% or more 
of the total votes cast for the successful candidate for governor at the last 
general election in those districts. The petition must be presented to the 
election administrator of the county in which the signatures were gathered to 
be verified under the procedures provided in 13-27-303 through 13-27-306. The 
election administrator shall forward the verified petition to the secretary of 
state at least 75 days before the date of the primary. The petition must be 
submitted to the election administrator at least 1 week before the deadline for 
submitting the verified petition to the secretary of state. 

13-10-602. USE OF PARTY NAME. (1) Every political party and its regularly 
nominated candidates, members, and officers have the sole and exclusive right 
to the use of the party name. No candidate for office may use any word of the 
name of any other political party or organization other than that by which he 
is nominated. 



13-10-604 ELECTIONS 40 

(2) An independent or nonpartisan candidate shall not use any word of the 
name of any existing political party or organization in his candidacy. 

13-10-603. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-10-604. NOCENATIONS FOR MINOR PARTIES. Any political party that does not 
qualify under the provisions of 13-10-601 may make nominations for public 
office as provided in 13-10-501 through 13-10-505. 

CHAPTER 11 

ELECTION PROCLAMATION 

(Sections 13-11-101 through 13-11-103 repealed. 
Sec. A07, Ch. 571, L. 1979) 



CHAPTER 12 

ELECTION SUPPLIES AND BALLOTS 

Part 1 — Election Supplies 

Section 

13-12-101. Copies of election laws to be furnished. 

13-12-102. Items to be furnished by election administrators. 

13-12-103 through 13-12-105. Repealed. Sec. A07, Ch. 571, L. 1979. 

Part 2 -- Ballots 

13-12-201. Secretary of state to certify ballot. 

13-12-202. Ballot form and uniformity. 

13-12-203. Printing of candidate's name and party designation on ballot. 

13-12-204. Labels to be printed and distributed where vacancy has been filled. 

13-12-205. Arrangement of names -- rotation on ballot. 

13-12-206. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-12-207. Order of placement. 

13-12-208. Provision for write-in votes. 

13-12-209. Paper ballots -- stub size -- content. 

13-12-210. Number of ballots to be provided for each precinct. 

13-12-211. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-12-212. Election administrator to provide printed ballots -- other ballots 

prohibited. 
13-12-213. Repealed. Sec. 407, Ch. 571, L. 1979. 
13-12-214. Sample ballots. 



Al ELECTION SUPPLIES AND BALLOTS 13-12-201. 



Part 1 
Election Supplies 



13-12-101. COPIES OF ELECTI(»J LAWS TO BE FURNISHED. (1) The secretary of 
state shall furnish to each election administrator copies of this title suffi- 
cient to provide each election precinct in his county with two copies and to 
provide a small extra supply for the administrator. 

(2) The secretary of state shall, at the expense of the state, furnish the 
election administrator with copies of the election laws relating to penalties, 
campaign practices, campaign finances, and contested elections. The public 
official with whom a candidate files a declaration, petition, or acceptance of 
nomination shall transmit one copy to the candidate. A copy shall also be 
furnished to any other person required to file a statement. Upon his own 
information or at the written request of any elector, the secretary of state 
shall provide a copy to any other individual who is a candidate or who is 
required to make a statement required by this title. 

13-12-102. ITH4S TO BE FURNISHED BY ELECTIMJ AMOOTSTRATORS . The election 
administrators shall deliver to each polling place or to the chief election 
judge for a polling place all supplies necessary to conduct the election at 
that polling place. If the blank ballots for the polling place are delivered 
before noon of the day before the election, the election administrator shall 
retain sufficient ballots to supply electors requesting absentee ballots. The 
election administrator shall write in the pollbook for that polling place, 
after the numbers of the ballots retained, "reserved for absentee ballots". 

13-12-103. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-12-104. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-12-105. REPEALED. Sec. A07, Ch. 571, L. 1979. 

Part 2 
Ballots 

13-12-201. SECRETARY OF STATE TO CERTIFY BALLOT. (1) Seventy-five days or 
more before an election, except as provided in 13-10-208, the secretary of 
state shall certify to the election administrators the name and party or other 
designation of each candidate entitled to appear on the ballot and ballot 
issues as shown in the official records of his office, which must include the 
notification specified in 13-37-126. 

(2) The election administrator shall certify the name and party or other 
designation of each candidate entitled to appear on the ballot and ballot 
issues as shown in the official records of his office, which must include the 
notification specified in 13-37-126, and shall have the official ballots 
printed. 



13-12-202 ELECTKMS 42 

13-12-202. BALLOT FORM AMD UNIFORMITY. (1) The secretary of state shall 
prescribe the ballot form for all types of ballots used in this state. 

(2) The names of all candidates printed upon the ballots shall be in type 
of the same size and character. 

(3) When the stubs are detached, it must be impossible to distinguish any 
one of the ballots from another ballot for the same office or issue. 

(4) The ballots must contain the name of every candidate whose nomination 
is certified under law for an office and no other names, except that the names 
of candidates for president and vice president of the United States shall 
appear on the ballot as provided in 13-25-101(2). 

13-12-203. PRINTING OF CANDIDATE'S NAME AND PARTY DESIOiATICM (M BALLOT. 

(1) Except as provided in 13-10-209 and 13-10-303, in partisan elections, 
candidates' names shall be printed under the title of the office sought, with 
the name of the party, in not more than three words, or "Independent" printed 
opposite the name. 

(2) In nonpartisan elections, the candidates' names shall be printed under 
the title of the office sought, with no description or designation printed with 
the name unless partisan and nonpartisan offices appear on the same ballot. In 
such a case, the names of nonpartisan candidates shall have printed with them 
the words "Nominated without party designation". 

13-12-204. LABELS TO BE PRINTED AND DISTRIBUTED WHERE VACANCY HAS BEEN 
FILLED. (1) If an appointment has been made to replace a candidate as provided 
in 13-10-326 or 13-10-327 after the ballots have been printed but before the 
election, the election administrator shall order labels printed containing the 
name of the new nominee and any other information required to go on the ballot. 
(2) The election administrator shall affix the labels in the proper place 
on each ballot or deliver the labels to the chief election judges to be affixed 
in the proper place on each ballot before it is given to the elector. 

13-12-205. ARRANGEMENT OF NAMES -- ROTATION MJ BALLOT. (1) The candidates' 
names shall be arranged alphabetically on the ballot according to surnames 
under the title of the respective offices. 

(2)(a) Except as provided in subsection (3), if two or more individuals are 
candidates for nomination or election to the same office, the election ad- 
ministrator shall divide the ballot forms into sets equal in number to the 
greatest number of candidates for any office. The candidates for nomination to 
an office by each political party shall be considered separately in determining 
the number of sets necessary for a primary election. 

(b) The election administrator shall begin with a form arranged alphabeti- 
cally and rotate so that each candidate's name will be at the top of the list 
for each office on substantially an equal number of ballots. If it is not 
numerically possible to place each candidate's name at the top of the list, the 
names shall be rotated in groups so that each candidate's name is as near the 
top of the list as possible on substantially an equal number of ballots. 

(c) If the county contains more than one legislative district, the election 
administrator may rotate each candidate's name so that it will be at or near 
the top of the list for each office on substantially an equal number of ballots 
in each house district. 



A3 



KLKCTIMI SUPPLIES AND BALLOTS 



13-12-207. 



(d) For purposes of rotation, the offices of president and vice president 
and of governor and lieutenant governor shall be considered as a group. 

(e) No more than one of the sets may be used in printing the ballot for use 
in any one precinct, and all ballots furnished for use in any precinct must be 
identical. 

(3) In a precinct where voting devices are used, the election administrator 
need not rotate candidates' names as provided in subsection (2) on paper 
ballots required under 13-17-305; however, if more than 5% of the electors 
voting in the precinct in the last preceding general election voted using paper 
ballots, the election administrator shall rotate candidates' names on the paper 
ballots. If the candidates' names are not rotated, the election administrator 
shall determine by lot the arrangement of the names on the paper ballot. 

13-12-206. REPEALED. Sec. 407, Ch. 571, L. 1979. 



13-12-207. ORDER OF PLACEMENT. (1) The order on the ballot for state and 
national offices shall be as follows: 

(a) If the election is in a year in which a president of the United States 
is to be elected, in spaces separated from the balance of the party tickets by 
a heavy black line shall be the names and spaces for voting for candidates for 
president and vice president. The names of candidates for president and vice 
president for each political party shall be grouped together. 



(b 
(c 
(d 
(e 
(f 

(g 
(h 

(i 

(j 
(k 

(1 
(m 
(n 
(o 
(2 
(a 
(b 
(c 
(d 
(e 
(f 

(g 
(h 

(i 

(j 
(k 

(1 
(m 



United States senator; 

United States representative; 

Governor and lieutenant governor; 

Secretary of state; 

Attorney general; 

State auditor; 

Public service commissioners; 

State superintendent of public instruction; 

Clerk of the supreme court; 

Chief justice of the supreme court; 

Justices of the supreme court; 

District court judges; 

State senators; 

Members of the house of representatives . 

The following order of placement shall be observed for county offices: 

clerk of the district court; 

county commissioner; 

county clerk and recorder; 

sheriff; 

coroner; 

county attorney; 

county superintendent of schools; 

county auditor; 

public administrator; 

county assessor; 

county treasurer; 

surveyor; 

justice of the peace. 



13-12-208 ELECTIONS 44 

(3) The secretary of state shall designate the order for placement on the 
ballot of any offices not on the above lists, except that the election ad- 
ministrator shall designate the order of placement for municipal, charter, 
consolidated, or confederated local government offices and district offices 
when the district is part of only one county. 

(A) Constitutional amendments shall be placed before statewide referendum 
and initiative measures. Ballot issues for a county, municipality, school 
district, or other political subdivision shall follow statewide measures in the 
order designated by the election administrator. 

(5) If any offices are not to be elected they shall not be listed, but the 
order of the offices to be filled shall be maintained. 

(6) If there is a short-term and a long-term election for the same office, 
the long-term office shall precede the short-term. 

13-12-208. PROVISION FOR WRITE-IN VOTES. Below the list of names of can- 
didates for each office there must be as many blank spaces for write-in voting 
as there are officers to be elected. 

13-12-209. PAPER BALLOTS -- STUB SIZE — CONTENT. (1) Paper ballots shall 
be printed on the same sheet with a stub, separated by perforation. 

(2) The stub shall extend the entire width of the ballot and have instruc- 
tions printed on it. 

(3) Upon the face of the stub shall be printed the following: This ballot 
should be marked with an "x" in the square before the name of each individual 
or candidate for whom the elector intends to vote. The elector may write in or 
affix a preprinted label in the blank spaces or over any other name, the name 
of an individual for whom he wishes to vote and vote by marking an "x" in the 
square before the name. If a ballot contains a constitutional amendment or 
other issue to be submitted to a vote of the people, it is voted on by marking 
an "x" in the square before the amendment or issue. 

(4) On the stub shall be printed or stamped the consecutive number of the 
ballot, beginning with number 1 and increasing in regular numerical order to 
the total number of ballots required for the precinct. 

13-12-210. NUMBER OF BALLOTS TO BE PROVIDED FOR EACH PRECINCT, (l) The 

election administrator shall provide each election precinct with sufficient 
ballots for the electors registered, plus an extra supply to cover spoiled 
ballots. 

(2) The election administrator shall keep a record in his office showing 
the exact number of ballots that are delivered to the election judges of each 
precinct. 

13-12-211. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-12-212. ELECTION ADMINISTRATOR TO PROVIDE PRINTED BALLOTS — OTHER 
BALLOTS PROHIBITED. Except as otherwise provided in the election laws of this 
state: 

(1) the election administrator shall provide printed ballots for every 
election. He shall have printed on the ballot the names of all candidates for 
all offices to be filled at the election and the title and other wording 
required by law for all ballot issues. 



A5 ELECTION PROCEDURES 

(2) ballots other than those printed by the election administrator may not 
be cast or counted in any election. 

13-12-213. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-12-214. SAMPLE BALLOTS. The election administrator may have sample 
ballots printed in a niimber sufficient to answer requests from the political 
parties, schools, and electors. Sample ballots must be duplicates of the 
official ballots but must be clearly distinguishable from official ballots and 
may not have perforated stubs or be numbered. 



CHAPTER 13 

ELECTION PROCEDURE 

Part 1 — Procedure at Polling Place 

Section 

13-13-101. Duties -- proclamation prior to opening and closing polls. 
13-13-102 through 13-13-110. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-13-111. Provision and use of election booths, voting machines, or voting 

devices. 

13-13-112. Display of instructions for electors. 

13-13-113. Warning notice to be posted. 

13-13-llA. Marking precinct register book before elector votes. 

13-13-115. Pollbooks. 

13-13-116. Ballots to be stamped -- one ballot to elector. 

13-13-117. Method of voting. 

13-13-118. Taking ballot to disabled elector. 

13-13-119. Aid to disabled elector. 

13-13-120. Poll watchers -- annoxincement of elector's name. 

13-13-121. Additional poll watchers. 

13-13-122. Preventing obstructions. 

Part 2 — Procedure for Electors 
Absent from the Polling Place 

13-13-201. Voting by absentee ballot -- qualifications. 

13-13-202. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-13-203. Absentee ballots where voting machines or devices used. 

13-13-20A. Authority to vote in person -- printing error or ballot destroyed -- 

failure to receive ballot -- effect of absentee elector's death. 
13-13-205. VThen ballots to be available. 

Sections 13-13-206 through 13-13-210 reserved. 
13-13-211. Application of absentee, chronically ill, or physically 

incapacitated elector for ballot -- special absentee ballot 

application. 
13-13-212. Application for absentee ballot. 
13-13-213. Transmission of application to election administrator -- delivery of 

ballot. 



ELECTIONS 46 

13-13-214. Mailing ballot to elector. 

Sections 13-13-215 through 13-13-220 reserved. 
13-13-221. Marking and affirming ballot. 
13-13-222. Voting before election day by prospective absentee, chronically ill, 

or physically incapacitated elector. 

Sections 13-13-223 through 13-13-224 reserved. 
13-13-225. Special absentee election boards -- members -- appointment. 
13-13-226. Manner of selection. 
13-13-227. Oath of board members. 
13-13-228. Compensation. 

13-13-229. Voting performed before the special absentee election board. 
13-13-230. Authorization to increase county mill levy. 

13-13-231. Disposition of marked ballot upon receipt by election administrator. 
13-13-232. Delivery of ballots to election judges -- ballots to be rejected. 
13-13-233. Issue and record of absentee ballots -- certificate. 
13-13-234. Duty of election judges -- pollbook. 
13-13-235. Renumbered 13-13-241 by Code Commissioner, 1979. 
13-13-236. Renumbered 13-13-243 by Code Commissioner, 1979. 
13-13-237. Repealed. Sec. 407, Ch. 571, L. 1979. 
13-13-238. Repealed. Sec. 407, Ch. 571, L. 1979. 
13-13-239. Renumbered 13-13-244 by Code Commissioner, 1979. 
13-13-240. Repealed. Sec. 407, Ch. 571, L. 1979. 
13-13-241. Examination of absentee ballot envelopes and affirmations while 

polls open. 
13-13-242. Repealed. Sec. 20, Ch. 298, L. 1987. 
13-13-243. Rejected absentee ballots. 
13-13-244. Opening of envelopes after deposit. 
13-13-245 through 13-13-270 reserved. 

13-13-271. Federal write-in absentee ballot -- qualifications. 
13-13-272. Procedure for voting federal write-in absentee ballot. 
13-13-273. Counting of federal write-in absentee ballots. 

Part 3 — Challenges 

13-13-301. Challenges on election day. 

13-13-302. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-13-303. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-13-304. Duties of election judges in response to challenges. 

13-13-305. Election judges' powers concerning challenges. 

13-13-306. Proceedings pursuant to challenges -- oaths. 

13-13-307. Determination of challenges. 

13-13-308. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-13-309. Proceedings after determination of challenge. 

13-13-310. List of challenges to be kept. 

13-13-311. Vote by challenged elector. 



A7 ELECTION PROCEDURE 13-13-112 



Part 1 
Procedure at Polling Place 



13-13-101. DUTIES — PROCLAMATION PRIOR TO OPENING AND CLOSING POLLS. (1) 

The election judges shall meet at their assigned polling places at the time set 
by the election administrator. The judges shall take and subscribe the official 
oath prescribed by the constitution. They may administer the oath to each 
other. The judges shall check all supplies and complete preparations for voting 
before the time set for opening the polls, under the direction of the chief 
election judge. 

(2) Before the polls are opened or closed, that fact must be proclaimed at 
the place of election. 

13-13-102 through 13-13-110. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-13-111. PROVISION AND USE OF ELECTION BOOTHS, VOTING MACHINES, OR VOTING 
DEVICES. (1) The election administrator shall provide a sufficient number of 
booths, voting machines, or voting devices to allow voting to proceed with as 
little delay as possible. Booths, voting machines, or voting devices must be 
arranged in a manner that will not permit any other individual to see how the 
elector votes or has voted, and the election judges may not permit any in- 
dividual to remain in any position that would allow him to see how the elector 
votes or has voted. 

(2) No more than one individual may occupy a booth at one time except when 
assistance is furnished an elector as provided by law. No individual may occupy 
a booth or use a voting machine or device longer than is reasonably necessary 
to prepare his ballot, after which the election judges may eject him. 

13-13-112. DISPLAY OF INSTRUCTIONS FOR ELECTORS. (1) Instructions for 
electors on how to prepare their ballots or use machines or devices must be 
posted in each compartment provided for the preparation of ballots and el- 
sewhere in the polling place. 

(2) The instructions must be in easily read type, 18 point or larger, and 
explain how to: 

(a) obtain ballots for voting; 

(b) prepare ballots for deposit in the ballot box; and 

(c) obtain a new ballot in place of one spoiled by accident. 

(3) If the instructions for use of the machine or device are printed on the 
machine or device or are part of a ballot package given each elector, separate 
instructions need not be posted in the compartment. 

(4) Official ballots for the precinct, clearly marked "sample" across the 
face, shall be posted in each booth or compartment and in conspicuous places 
about the polling place in all precincts where paper ballots are used. Diagrams 
showing the arrangement of the ballot for that precinct shall be posted in 
conspicuous places about the polling place in all precincts using machines or 
devices. 



13-13-113 ELECTIONS A8 

13-13-113. WARNING NOTICE TO BE POSTED. Warning notices shall be posted in 
conspicuous places in the polling place. Each notice shall be headed "WARNING" 
in large letters and shall state: 

"The sections of law printed below list specific conduct or actions which 
may cause an elector to be subject to criminal prosecution. This is not in- 
tended to be a complete printing of all laws pertaining to election viola- 
tions." 

Below this statement shall be printed the following sections: 13-35-201; 
13-35-202; 13-35-206; 13-35-211; 13-35-21A; 13-35-217; and 13-35-218. 

13-13-llA. HAEKING PRECINCT REGISTER BOOK BEFORE ELECTOR VOTES. (1) Before 
an elector is permitted to receive a ballot or vote, he shall sign his name on 
the place designated in the precinct register. Before signing the register, the 
elector shall state his name and current address. If the name or address is 
not as listed in the precinct register, the elector must complete a transfer 
form or new registration form to correct the information. The election judges 
shall write "transfer form" or "registration form" beside the name of any 
elector submitting a form. No elector may sign the precinct register unless his 
name and address are the same as shown in the register or the proper correc- 
tions have been made. 

(2) The election judges shall require an elector not able to sign his name 
to produce two electors who shall sign an affidavit stating that the elector is 
the individual whose name and address appears in the precinct register before 
one or more of the election judges on a form prescribed by the secretary of 
state. The affidavit shall be filed by the election judges and returned to the 
election administrator with the returns of the election. One of the judges 
shall write the elector's name, noting the fact of his inability to sign, and 
the names of the two electors signing the affidavit. 

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

13-13-115. POLLBOOKS. (1) In precincts using paper ballots, the name of 
each elector who votes shall be entered in a pollbook and numbered in the order 
voting so that the number corresponds with the number on the stubs of the 
ballots given the elector. 

(2) In precincts where machines or devices are used, a pollbook need be 
used only for paper ballots. The election administrator shall provide such 
precincts with some method of recording the number of individuals voting. 

13-13-116. BALLOTS TO BE STAMPED -- ONE BALLOT TO ELECTOR. (1) Before 
delivering ballots to an elector, the election judges shall stamp the words 
"official ballot" on the ballot. No part of the stamp may appear on the stub. 
They shall also stamp the name of the county, the number of the precinct, the 
date of the election, and any other information the election administrator 
believes necessary to distinguish the ballots from those used in any other 
election. 

(2) Each elector shall receive from the election judges one of each type of 
ballot being used at the election. 

13-13-117. METHOD OF VOTING. (1) On receipt of his ballot, the elector must 
immediately retire to one of the booths and prepare his ballot. 



49 ELECTION PROCEDURE 13-13-119 

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

(3) If the ballot contains a ballot issue, he shall mark an "x" in the 
applicable square indicating his vote either for or against the issue. 

(4) The elector may write the name of an individual for whom he wishes to 
vote in the blank space or affix a preprinted label in the blank space and may 
vote for that individual by marking an "x" before the name. When the ballot is 
marked in this manner, it must be counted the same as though the name were 
printed upon the ballot and marked by the elector. 

(5) an elector voting a ballot that will be counted by an optical scan 
ballot tabulating device shall mark his ballot in the manner prescribed on his 
ballot. However, his ballot must not be invalidated if he marks the voting 
positions with an "x" . 

(6) After preparing his ballot, the elector must fold it so the face of the 
ballot will be concealed and the official stamp may be seen and hand it to the 
election judges. 

(7) The judge receiving the ballots shall remove the stubs insight of the 
elector and deposit each ballot in the ballot box and each stub in a box for 
detached stubs. The judge must place the ballots in the ballot box immediately 
without opening or examining them. 

(8) No individual except an election judge may put a ballot, any paper 
resembling a ballot, or anything other than a ballot in a ballot box. 

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

13-13-118. TAKING BALLOT TO DISABLED ELECTOR. (1) The chief election judge 
may appoint two election judges who represent different political parties to 
take a ballot to an elector able to come to the premises where a polling place 
is located but unable to enter the polling place because of a disability. The 
elector may request assistance in marking his ballot as provided in 13-13-119. 

(2) The judges shall have the elector sign an oath form stating he is 
entitled to vote and shall write in the precinct register by the elector's name 
"voted on the premises by oath" and sign their names. 

(3) When the ballot or ballots are marked and folded, the judges shall 
immediately take them into the polling place and give them to the judge at the 
ballot box. The judge receiving the voted ballots shall distinctly announce he 

has "a ballot offered by (name), an elector physically unable to enter 

the room. Does anyone object to the reception of the ballot?" If no objection 
is heard, the judge shall remove the stub and place the ballot and stub in the 
proper boxes. Any challenge to the elector's right to vote shall be resolved as 
provided in Title 13, chapter 13, part 3. 

13-13-119. AID TO DISABLED ELECTOR. (1) The election judges or an 
individual chosen by the disabled elector as specified in subsection (A) may 
aid an elector who, because of physical disability or inability to read or 
write, needs assistance in marking his ballot. 

(2) The election judges shall require the declaration of disability by the 
elector to be under oath and may administer the oath. 

(3) The elector may be assisted by two judges who represent different 
parties. The judges must certify on the precinct register opposite the disabled 
elector's name that the ballot was marked with their assistance. The judges 
may not reveal information regarding the ballot. 



13-13-120 ELECTIONS 50 

(4) Instead of assistance as provided in subsection (3), the elector may 
request the assistance of any individual whom he designates to the judges to 
aid him in the marking of his ballot, and the individual chosen shall sign his 
name on the precinct register beside the name of the elector assisted. The 
individual chosen may not be the elector's employer, an agent of his employer, 
or an officer or agent of the elector's union. 

(5) No elector other than the one who requires assistance may divulge to 
anyone within the polling place the name of any candidate for whom he intends 
to vote or may ask or receive the assistance of any individual within the 
polling place in the preparation of his ballot. 

13-13-120. POLL WATCHERS -- ANNOUNCEMENT OF ELECTOR'S NAME. The election 
judges shall permit one poll watcher from each political party to station 
himself close to the poll lists in a location that does not interfere with the 
election procedures. At the time when each elector signs his name, one of the 
election judges shall pronounce the name loud enough to be heard by the poll 
watchers. A poll watcher who does not understand the pronunciation has the 
right to request that the judge repeat the name. Poll watchers shall also be 
permitted to observe all of the vote counting procedures of the judges after 
the closing of the polls and all entries of the results of the elections. 

13-13-121. ADDITIONAL POLL WATCHERS. A candidate, a group of candidates, or 
any group having an interest in the election may request the election ad- 
ministrator to allow additional poll watchers at any precinct. The election 
administrator shall grant such requests if the number of poll watchers at the 
polling place will not interfere with the election procedures. 

13-13-122. PREVENTING OBSTRUCTIONS. An election officer, sheriff, con- 
stable, or other peace officer may clear the passageway, prevent any obstruc- 
tion, or arrest any individual obstructing the passageway to a polling place. 

Part 2 

Procediire for Electors Absent 
from the Polling Place 

13-13-201. VOTING BY ABSENTEE BALLOT -- QUALIFICATIONS. A qualified regis- 
tered elector is entitled to vote by absentee ballot, as provided in this 
part, if the elector: 

(1) expects to be absent from the county or precinct and unable to vote in 
person at the time of holding the election; 

(2) is physically incapacitated and unable to go to the polls on election 
day: 

(3) suffers from chronic illness or general ill health; or 

(A) is prevented from voting at the polls as a result of an illness or 
health emergency occurring between 5 p.m. on the Friday preceding the election 
and noon on election day. Such health emergency must arise from unforeseen 
circumstances that require the elector to seek health care or medical assis- 
tance. 

13-13-202. REPEALED. Sec. 407, Ch. 571, L. 1979. 



51 ELECTION PROCEDURE 13-13-211 

13-13-203. ABSENTEE BALLOTS WHERE VOTING MACHINES OR DEVICES USED. (1) In 

precincts where voting machines or devices are used, the election administrator 
shall if necessary print and provide: 

(a) ballots in official form for qualified electors who may vote absentee 
as provides in 13-13-201; and 

(b) ballot boxes required for precincts in which printed ballots are used. 
(2) Absentee ballots received in those precincts shall be handled as 

provided in this chapter. 

13-13-204. AUTHORITY TO VOTE IN PERS(»J — PRINTING ERROR OR BALLOT DES- 
TROYED -- FAILURE TO RECEIVE BALLOT -- EFFECT OF ABSENTEE ELECTOR'S DEATH. 

(1) If an elector has voted by absentee ballot but the absentee ballot 
contains printing errors or omissions, the elector may vote in person in any 
manner at his polling place. 

(2) If an elector does not receive his absentee ballot or if the absentee 
ballot was destroyed, he may appear at his polling place on election day and 
vote in person after signing an affidavit, in the form prescribed by the 
secretary of state, swearing that his ballot has not been received or was 
destroyed. Before the ballot is given to the elector, the election judge shall 
write upon the back of the ballot the number of the ballot. The ballot may be 
cast out if it appears to the court to have been wrongfully or illegally voted. 

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

13-13-205. WHEN BALLOTS TO BE AVAILABLE. (1) The election administrator 
shall ensure that ballots are printed and available for absentee voting at 
least A5 days prior to an election for those elections held in compliance with 
13-1-10A(1) and 13-1-107(1). 

(2) for elections held in compliance with 13-1-104(2) and (3), and 13-1- 
107(2), the election administrator shall ensure that ballots are printed and 
available for absentee voting at least 20 days prior to an election. 

13-13-206 through 13-13-210 reserved. 

13-13-211. APPLICATKM OF ABSENTEE, CHRONICALLY ILL, HANDICAPPED, ELDERLY, 
OR PHYSICALLY INCAPACITATED ELECTOR FOR BALLOT — SPECIAL ABSENTEE BALLOT 
APPLICATION. (1) Except as provided in 13-2-214, during a period beginning 75 
days before the day of election and ending at noon on the day before the 
election, an individual may apply to the election administrator for an absentee 
ballot if he is: 

(a) an elector expecting to be absent from the county in which his voting 
precinct is situated; 

(b) an elector who is chronically ill or in general ill health; 

(c) a handicapped or elderly elector who has been assigned to an inacces- 
sible polling place; or 

(d) an elector who will be unable to go to the polls because of physical 
incapacity. 

(2) A qualified elector who is prevented from voting at the polls as a 
result of an illness or health emergency occurring between 5 p.m. on the Friday 
preceding the election and noon on election day may request to vote by absentee 
ballot. The election administrator shall honor any such request received up to 



13-13-212 ELECTIONS 52 

and including noon on election day. The election administrator is not required 
to comply with a request by an elector who is absent from the county. 

13-13-212. APPLICATION FOR ABSENTEE BALLOT. (1) Application for absentee 
ballots shall be made by a written request signed by the applicant and ad- 
dressed to the election administrator of the applicant's county of residence. 

(2) Application for an absentee ballot may be made by any elector in the 
United States service by the federal post card application or by any written 
request signed by the applicant and addressed to the election administrator of 
the applicant's county of residence. 

(3) If an elector requests an absentee ballot because of a sudden illness 
or health emergency, the application for an absentee ballot may be made by 
written request signed by the elector at the time the ballot is delivered in 
person by the special absentee election board provided for in section 13-13- 
225. Such elector may request by telephone or other means to have a ballot and 
application personally delivered to him by the special absentee election board 
at his place of confinement, hospitalization, or residence within the county. 
Such a request may be made no later than noon on election day. 

13-13-213. TRANSMISSI(»I OF APPLICATICMJ TO ELECTION AIMINISTRATOR - DELIVERY 
OF BALLOT. (1) Except as provided in subsection (2), the elector shall forward 
the application by mail or deliver it in person to the election administrator. 
The election administrator shall compare the signature on the application with 
the applicant's signature on the registration card. If convinced the individual 
making the application is the same as the one whose name appears on the regis- 
tration card, he shall deliver the ballot. 

(2) In lieu of the requirement provided in subsection (1), an elector who 
requests an absentee ballot pursuant to 13-13-212(3) may return the application 
to the special absentee election board. Upon receipt of the application, the 
special absentee election board shall examine the signatures on the application 
and a copy of the voting registration card to be provided by the election 
administrator. If the special absentee election board believes that the 
applicant is the same person as the one whose name appears on the registration 
card, the special absentee election board shall provide a ballot to the elec- 
tor. 

13-13-214. MAILING BALLOT TO ELECTOR. (1) As soon as the official ballots 
are printed, the election administrator shall send by mail, postage prepaid, to 
each elector from whom he has received a valid application whatever official 
ballots are necessary. Ballots shall be sent immediately to electors submitting 
valid requests after the official ballots are printed. 

(2) The election administrator shall enclose with the ballots a self- 
addressed envelope for the return of the ballots. An affirmation in the form 
prescribed by the secretary of state shall be printed on the back of the 
envelope . 

(3) The election administrator shall stamp the ballots sent to an absentee 
elector as provided in 13-13-116. 

(4) 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 such information and graphics and be of such color as may be prescribed by 
the secretary of state consistent with the regulations established by the 
federal election commission, U.S. postal service, or other federal agency. 



53 KLKCnCW PROCEDURE 13-13-225 

(5) If the ballots sent to the elector are for a primary election, the 
election administrator shall enclose an extra envelope marked "For Unvoted 
Party Ballot(s)". This envelope may not be numbered or marked in any way so it 
can be identified as being used by any one elector. 

(6) Instructions for voting shall be enclosed with the ballots. Instruc- 
tions for primary elections must include use of the envelope for unvoted 
ballots. The instructions must include information concerning the type or types 
of writing instruments which may be used to mark the absentee ballot. 

(7) The return envelope shall be self -addressed to the election ad- 
ministrator. 

13-13-215 through 13-13-220 reserved. 

13-13-221. MARKING AND AFFIRMING BALLOT. (1) After the elector marks his 
ballots, he shall fold them so that the vote is concealed and so that the 
official stamp is visible. The stubs shall be left attached and the ballots 
should be folded so that the stubs can be detached without revealing the vote. 

(2) The elector shall place the ballots in the envelope addressed to the 
election administrator and seal it securely. If the ballots are for a primary 
election, the party ballot or ballots not voted shall be placed in the envelope 
marked for that purpose and enclosed in the outer envelope with the voted 
ballots. 

(3) The elector shall complete and sign the affirmation on the envelope. 
(A) The elector shall mail the envelope, postage prepaid, or deliver it to 

the election administrator or a special absentee election board. 

13-13-222. VOTING BEFORE ELECTKMi DAY BY PROSPECTIVE ABSENTEE, CHRCMJICALLY 
ILL, OR PHYSICALLY INCAPACITATED ELECTOR. (1) As soon as the official ballots 
are available, the election administrator shall permit an elector who is 
present in his county and who has reason to believe that he will be absent from 
the county, ill, or physically incapacitated on election day to vote before 
election day before the election administrator. 

(2) The provisions of this chapter apply to such voting. 

(3) If the ballot is marked before the election administrator, he shall 
deal with it in the same manner as if it had come by mail. 

13-13-223 through 13-13-224 reserved. 

13-13-225. SPECIAL ABSENTEE ELECTKM BOARDS — MEMBERS — APPOINTMENT. (1) 

The election administrator shall designate and appoint a number of special 
absentee election boards as needed to serve in various places to deliver 
ballots to electors who are entitled to vote by absentee ballot under 13-13- 
201(4). 

(2) In a partisan election, each special absentee election board shall 
consist of two members, one from each of the two political parties receiving 
the highest votes in the state during the last preceding general election. 
Board members must reside in the county in which they serve. 

(3) No member of a special absentee election board may be a candidate or a 
spouse, ascendant, descendant, brother, or sister of a candidate or of a 
candidate's spouse or the spouse of any one of these if the candidate's name 
appears on a ballot in the county. 



13-13-226 KLKCTKMS 54 

13-13-226. MANNER OF SELKCTICMi. The election administrator shall make 
appointments to the special absentee election board from lists of qualified 
electors prepared in substantially the same manner as provided in 13-A-102. If 
the list is insufficient to make all the appointments required, the election 
administrator may appoint any qualified registered elector from the county. 
The election administrator may refuse for cause to appoint or may for cause 
remove a member of a special absentee election board. 

13-13-227. OATH OF BOASD MEMBERS. Before assuming any of his respon- 
sibilities under this chapter, each member of a special absentee election 
board must take and subscribe the official oath in the same manner as pre- 
scribed for an election judge in 13-A-105. 

13-13-228. COMPENSATION. (1) Each member of a special absentee election 
board is entitled to compensation for the number of hours worked. 

(2) Each member of a special absentee election board is entitled to full 
reimbursement for actual travel expenses incurred while delivering ballots on 
election day. 

(3) The election administrator shall pay each member the same compensation 
and certify amounts due in the same manner as for an election judge as provided 
for in 13-A-106(1). 

13-13-229. VOTING PERFORMED BEFORE THE SPECIAL ABSENTEE ELECTKM BOARD. (1) 

As provided in 13-13-201(4), a qualified elector who becomes ill or is pre- 
vented from voting at the polls because of a health emergency may vote by 
absentee ballot. Pursuant to 13-13-212(3), such elector may request that a 
special absentee election board personally deliver a ballot to him. 

(2) The manner and procedure of voting by use of an absentee ballot under 
this section must be the same as provided in 13-13-221, except the elector must 
hand the marked ballot in the sealed envelope to the special absentee election 
board, and the board must deliver the sealed envelope to the election ad- 
ministrator or to the election judges of the precinct in which the elector is 
registered. 

(3) An absentee ballot cast by a qualified elector pursuant to this section 
may not be rejected by the election administrator if the ballot was in the 
possession of the board before the time designated for the closing of the 
polls. 

(A) An elector who needs assistance in marking his ballot because of 
physical incapacity or inability to read or write may receive assistance from 
the special absentee election board appointed to personally deliver the ballot. 
Any such assistance given an elector pursuant to this section must be provided 
in substantially the same manner as required in 13-13-119. 

13-13-230. AUTHORIZATION TO INCREASE COUNTY MILL LEVY. Each county may 
levy an amount not exceeding 1 mill as may be necessary to finance the addi- 
tional cost of administering a special absentee election board program pursuant 
to 13-13-225 through 13-13-229. Such mill levy may not be included as part of 
any existing mill levy or special mill levy assessed by the county. The amount 
of any mill levy adopted under this section must be reasonably related to the 
actual cost of providing services as required by sections 13-13-225 through 13- 
13-229. 



55 ELECTION PROCEDURE 13-13-234 

13-13-231. DlSPOSinCW OF MARKED BALLOT UPON RECEIPT BY ELECTION AD- 
MINISTRATOR. (1) Upon receipt of the voted absentee ballot, the election 
administrator shall immediately attach the elector's application to the en- 
velope and mark the precinct number for delivery. 

(2) The election administrator shall safely keep the absentee ballots in 
his office until delivered by him. 

13-13-232. DELIVERY OF BALLOTS TO ELECTION JUDGES — BALLOTS TO BE RE- 
JECTED. (1) If the absentee ballot is received prior to delivery of the offi- 
cial ballots to the election judges, the election administrator shall deliver 
the 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 election administrator 
shall immediately deliver the envelopes to the judges. 

(3) If the election administrator receives an absentee ballot for which an 
application or request was not received as required by 13-13-211, or if an 
absentee ballot is received by the election administrator after the close of 
the polls and was not issued to an elector pursuant to 13-13-201(4), the 
election administrator shall endorse upon the elector's envelope the date and 
exact time of receipt and the words "to be rejected". Absentee ballots so 
endorsed shall be retained by the election administrator and place d with the 
proper records when they are returned to him. 

13-13-233. ISSUE AND RECORD OF ABSENTEE BALLOTS — CERTIFICATE. (1) The 

absentee ballots delivered shall be regular official ballots beginning with 
ballot number 1 and following consecutively according to the number of applica- 
tions for absentee ballots. 

(2) The election administrator shall keep a record of all absentee ballots 
delivered, as well as of ballots marked before him. 

(3) The election administrator shall deliver to the chief election judges 
to whom the ballots are delivered a certificate stating: 

(a) the nvimber of absentee ballots delivered as well as those marked before 
him; 

(b) the number of ballots retained for late absentee voting; and 

(c) the names of the electors to whom such ballots were delivered or by 
whom they have been marked if marked before him. 

(4) The chief election judge shall post in a conspicuous location at the 
polling place a list of the names of electors appearing on the certificate 
required under subsection (3). 

13-13-234. DUTY OF ELECTION JUDGES — POLLBOOK. (1) The election judges, at 
the opening of the polls, shall note on the pollbook opposite the numbers 
corresponding to the number of absentee ballots issued the fact that the 
ballots were issued and reserve the numbers for the absent, chronically ill, or 
physically incapacitated electors, as well as those electors prevented from 
voting at the polls because of a sudden illness or health emergency. 

(2) The election judges shall insert only the name of the elector entitled 
to each particular number according to the certificate of the election ad- 
ministrator and the number of his ballot. 



13-13-241 



ELECTIONS 



56 



13-13-235. Renumbered 13-13-2A1 by Code Commissioner, 1979. 

13-13-236. Renumbered 13-13-2A3 by Code Commissioner, 1979. 

13-13-237. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-13-238. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-13-239. Renumbered 13-13-2AA by Code Commissioner, 1979. 

13-13-240. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-13-241. EXAMINATION OF ABSENTEE BALLOT ENVELOPES AND AFFIRMATIONS WHILE 
POLLS OPEN -- DEPOSIT OF ABSENTEE AND UNVOTED BALLOTS. (1) While the polls are 
open, the election judges may compare the signature of the elector on the 
absentee ballot request and affirmation. If they find that the signatures 
correspond, that the affirmation is sufficient, and that the absentee elector 
is qualified, they may open the absentee ballot envelope. 

(2) If the absentee ballot does not meet the requirements specified in 
subsection (1), it must be rejected. The election judges, without opening the 
absentee ballot envelope, shall mark across it the reason for rejection, and a 
majority of the judges shall sign their initials. Unopened rejected absentee 
ballot envelopes must be handled in the same manner as provided for rejected 
ballots in 13-13-2A3. 

(3) After opening the absentee envelope and without unfolding the ballots 
or permitting them to be examined, the election judges shall ascertain whether 
the stubs are attached or enclosed and whether the nximbers correspond to the 
numbers in the certificate of the election administrator. If so, they shall 
detach the stubs and deposit the stubs and ballots in the proper ballot boxes. 
In a primary election, the unvoted ballots must be deposited in the unvoted 
ballot box without being removed from their enclosure envelope. 

(A) If upon opening the absentee ballot envelope it is found that the 
number does not correspond to the number on the certificate of the election 
administrator, the ballot must be rejected. The reason for rejection must be 
marked on the back of the ballot or ballots, and the statement must be ini- 
tialed by a majority of the election judges. 

13-13-242. Repealed. Sec. 20, Ch. 298, L. 1987. 

13-13-243. REJECTED ABSENTEE BALLOTS. (1) The rejected ballots, the ap- 
plications, and all envelopes shall be enclosed in an envelope and sealed, and 
the judges shall write on the envelope "rejected ballot(s) of absentee elector" 
(writing in the elector's name). 

(2) The unopened absentee ballot envelope of an elector who has voted in 
person as provided in 13-13-20A must be marked "voted in person" and initialed 
by a majority of the election judges. 

(3) The unopened absentee ballot envelope of an elector who dies before 
election day shall be marked "died before election day" and initialed by a 
majority of the election judges if they are notified of the death on election 
day. The election administrator shall make and sign the notation if notice of 
the death is received before delivery of the absentee ballot to the polling 
place. 



57 ELECTION PROCEDURE 13-13-301 



(A) All rejected ballots shall be placed in the sealed package in which the 
voted ballots are required to be placed and may not be opened without a court 
order. 

13-13-24A. OPENING OF ENVELOPES AFTER DEPOSIT. If an envelope containing an 
absentee ballot has been deposited unopened in the ballot box and the envelope 
has not been marked rejected, the envelope shall be opened without a court 
order and the ballot cast. 

13-13-2A5 through 13-13-270 reserved. 

13-13-271. FEDERAL WRITE-IN ABSENTEE BALLOT — QUALIFICATKMS (l) An 

elector qualified by 13-2-211 who fears his regular absentee ballot might not 
arrive in time to vote and return to the election administrator of the county 
of his residence and registration may also vote a federal write-in absentee 
ballot. 

(2) The federal write-in absentee ballot is available to military personnel 
and civilians overseas through the same source that provides federal post card 
application forms and is only valid for federal elections. 

(3) The elector shall apply for a regular absentee ballot as provided in 
13-13-212(2) not less than 30 days before the general election. 

13-13-272. PROCEDURE FOR VOTING FEDERAL WRITE-IN ABSENTEE BALLOT. (1) An 

elector voting a federal write-in ballot may designate a candidate by writing 
in the name of the candidate or by writing in the name of the political party. 
A vote may not be voided for reasons of misspellings, abbreviations, or other 
minor variations of the candidate's name. 

(2) If an elector receives his regular absentee ballot after he has voted 
and mailed a federal write-in absentee ballot, he may vote and return the 
regular absentee ballot. 

13-13-273. COUNTING OF FEDERAL WRITE-IN ABSENTEE BALLOTS. (1) A federal 
write-in absentee ballot shall be counted if: 

(a) the condition in 13-13-271(3) has been met; 

(b) the regular absentee ballot has not been received by 8 p.m. election 
day; 

(c) it has not been submitted from any location within the continental 
United States, Alaska, Hawaii or Guam; and 

(d) it is received by 8 p.m. election day. 

(2) Federal write-in absentee ballots received before the close of the 
polls election day will not be counted until the polls have closed. 

Part 3 

Challenges 

13-13-301. CHALLENGES ON ELECTION DAY. (1) An elector's right to vote may 
be challenged on election day by any registered elector by orally stating to 
the election judges the grounds of the challenge. 



13-13-30A ELECTIONS 58 

(2) An individual offering to vote may be orally challenged by any elector 
of the county upon the following grounds: 

(a) that he is not the individual whose name appears on the register; 

(b) that he does not reside at the residence listed unless the elector is 
voting under the provisions of 13-2-512 and 13-2-514; 

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

(d) that he has voted before in that election; or 

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

13-13-302. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-13-303. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-13-304. DUTIES OF ELECTION JUDGES IN RESPONSE TO CHALLENGES. The elec- 
tion judges shall: 

(1) test the qualifications of the elector challenged under oath if he 
applies to vote; 

(2) compare the answers of the elector with the entries in the precinct 
register; and 

(3) not permit him to vote if the elector: 

(a) is found to be disqualified because the answers given do not correspond 
to the entry in the precinct register or any transfer form or registration form 
submitted by the elector; 

(b) is disqualified for any cause under the law; 

(c) refuses to be sworn and to answer questions touching the matter of 
residence; or 

(d) refuses to take an oath or affirmation as to his qualifications. 

13-13-305. ELECTION JUDGES' POWERS CONCERNING CHALLENGES. The election 
judges may require the challenged elector to produce one or more electors of 
the county to be examined \inder oath as to the qualifications of the challenged 
elector and may also request assistance from the county attorney and the 
registrar in determining the elector's qualifications. 

13-13-306. PROCEEDINGS PURSUANT TO CHALLENGES — OATHS. (1) If the chal- 
lenge is on the ground that the individual is not the elector whose name 
appears on the official register, the election judges shall administer the 

following oath: "I, (name of elector), do swear (or affirm) that 1 am 

the individual whose name is entered on the official register and precinct 
list." 

(2) If the challenge is on the ground that the individual does not reside 

at the residence listed, the judges shall administer this oath: "I, 

(name of elector), do swear (or affirm) that I reside at (state precise 

address), which is the address listed on the official register." 

(3) If the challenge is on the ground that the individual has voted before 

in that election, the judges shall administer this oath: "I, (name of 

elector), do swear (or affirm) that I have not voted before in this election." 

(4) If the challenge is on the ground that the individual has been con- 
victed of a felony and is serving a sentence in a penal institution, the 

judges shall administer the following oath: "I, (name of elector), do 

swear (or affirm) either that I have not been convicted of a felony or that, if 



59 IKMIPARTISAN ELECTIONS 13-13-311 

I have been convicted of a felony, I am not serving a sentence in a penal 
institution." 

(5) The election judges may administer any other oath relating to the 
individual's qualification to vote that they feel necessary. 

13-13-307. DETERMINATION OF CHALLENGES. Challenges are determined in favor 
of the individual challenged by his taking the oath tendered. 

13-13-308. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-13-309. PROCEEDINGS AFTER DETERMINATKMJ OF CHALLENGE. If the challenge 
is determined against the individual offering to vote, the individual may not 
be allowed to receive a ballot or vote by any other means and the precinct 
register shall be so marked. If determined in favor of the individual offering 
to vote, he shall be allowed to vote. 

13-13-310. LIST OF CHALLENGES TO BE KEPT. The election judges shall keep a 
list showing: 

(1) the names of all individuals challenged; 

(2) the name of the elector or judge offering the challenge, if known; 

(3) the grounds of each challenge; 

(A) the determination of the election judges upon the challenge. 

13-13-311. VOTE BY CHALLENGED ELECTOR. (1) Whenever an individual's right 
to vote at an election is challenged under 13-2-AOA or 13-13-301 and the 
challenge has been determined in favor of the individual challenged as provided 
in 13-13-307, an election judge shall write in the pollbook at the end of the 
individual's name the words "challenged and sworn", with the name of the 
challenger, if known. The elector so challenged must be allowed to vote. The 
election judge shall then write upon the back of the ballot offered by the 
challenged elector the number of his ballot. The ballot may be cast out if it 
appears to the court to have been for any reason wrongfully or illegally voted. 

(2) Placing information on a ballot or pollbook under the provisions of 
subsection (1) or of 13-13-20A(2) or divulging such information in a legal 
proceeding subsequent to the election does not constitute a violation of 13-35- 
202 or 13-35-207. 



CHAPTER 14 

NONPARTISAN ELECTIONS 

Part 1 — General Provisions 

Section 

13-lA-lOl through 13-lA-lOA. Repealed. Sec. A07, Ch. 571, L. 1979. 

Sections 13-1A-105 through 13-lA-llO reserved. 
13-lA-lll. Application of general laws. 
13-1A-112. Declarations for nomination -- fee. 
13-1A-113. Filing for offices without salary or fees. 
13-lA-llA. Register of candidates. 
13-1 A- 115. Preparation and distribution of nonpartisan primary ballots. 



13-14-111 ELECTIONS 60 

13-14-116. Counting and canvassing of nonpartisan ballots. 
13-14-117. Placing names on ballots for general election. 

13-14-118. Vacancies among nominees after nomination and before general elec- 
tion. 

Part 2 — Judicial Offices 

13-14-201 through 13-14-208. Repealed. Sec. 407, Ch. 571, L. 1979. 

Sections 13-14-209 and 13-14-210 reserved. 
13-14-211. Judicial offices separate and independent offices for election 

purposes. 
13-14-212. Form of ballot on retention of certain incumbent judicial officers. 
13-14-213. Form of ballot on retention of other judicial offices. 



Part 1 

General Provisions 

13-14-101 through 13-14-104. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-14-105 through 13-14-110 reserved. 

13-14-111. APPLICATION OF GENERAL LAWS. Candidates for nonpartisan offices, 
including judicial offices, shall be nominated and elected according to the 
provisions of this title except as otherwise provided in this chapter. 

13-14-112. DECLARATKWS FOR NOtENATION -- FEE. (1) Nonpartisan candidates 
shall file declarations for nomination as required by the primary election laws 
in a form prescribed by the secretary of state except as provided in 13-14-113. 

(2) Declarations may not indicate political affiliation. The candidate may 
not state in his declaration any principles or measures he advocates or any 
slogans. 

(3) Each individual filing a declaration shall pay the fee prescribed by 
law for the position he seeks. 

(4) Declarations shall be filed in the office of the secretary of state or 
the appropriate election administrator as provided in 13-10-201. Time of 
filing shall be the same as provided in 13-10-201. 

13-14-113. FILING FOR OFFICES VTETHOUT SALARY OR FEES. (1) Candidates for 
nonpartisan offices for which no salary or fees are paid shall file with the 
appropriate official a petition for nomination containing the same information 
and the oath of the candidate required for a declaration of nomination in a 
foinn prescribed by the secretary of state. 

(2) The petition must contain the signatures of registered electors of the 
election district in which the office will be on the ballot. The number of 
signatures must be equal to 5% of the total vote cast for the successful 
candidate for that office at the last general election, but in no case may it 
be less than five signatures. 



61 NONPABTISAN ELECTIONS 13-14-118 

(3) The number of signatures necessary for a petition for nomination for an 
office not previously on the ballot or for which the election district 
boundaries have changed since the last general election shall be determined by 
the secretary of state. 

(A) Petitions for nomination shall be filed at the same time provided in 
13-10-201 for other candidates and offices. 

13-1A-114. REGISTER OF CANDIDATES. On receipt of a declaration or petition, 
the secretary of state or election administrator shall, if a register is kept, 
make an entry in the register of candidates for nomination, on a page different 
from entries made for candidates of political parties. 

13-14-115. PREPARATKM* AND DISTRIBUTICMi OF NONPARTISAN PRIMARY BALLOTS, (l) 

The election administrators shall arrange, prepare, and distribute primary 
ballots for nonpartisan offices, designated "nonpartisan primary ballots". They 
shall be arranged as other primary ballots and be without political designa- 
tion. 

(2) The number of nonpartisan primary ballots and sample ballots furnished 
shall be the same as other primary ballots. 

(3) The governing body of a political subdivision may determine that a 
primary need not be held if: 

(a) the nximber of candidates for an office exceeds twice the number to be 
elected to that office in no more than one-half of the offices on the ballot; 

(b) the number of candidates in excess of twice the number to be elected is 
not more than one for any office on the ballot; and 

(c) the governing body passes a resolution not more than 7 days after the 
close of filing by candidates for election stating that a primary election need 
not be held. 

13-14-116. COUNTING AND CANVASSING OF NONPARTISAN BALLOTS. (1) After 
closing the polls, the election officers shall separately count, canvass, 
record, and certify nonpartisan ballots, showing the number of votes cast for 
each person. 

(2) Nonpartisan ballots, stubs, and unused ballots shall be disposed of in 
the same manner as other ballots, stubs, and unused ballots. Returns shall be 
made as provided by law. 

13-14-117. PLACING NAMES OH BALLOTS FOR GENERAL ELECTION. Candidates for 
nomination equal to twice the number to be elected at the general election who 
receive the highest number of votes cast at the primary are the nominees for 
the office. If the number of candidates is not more than twice the number to be 
elected, then all candidates are nominees for the office. 

13-14-118. VACANCIES AMMJG NOCENEES AFTER NOCLNATICM AND BEFORE GENERAL 
ELECTION. (1) If after the primary a candidate is not able to run for the 
office for any reason, the vacancy shall be filled by the candidate next in 
rank in number of votes received in the primary election. 

(2) If a vacancy for a nonpartisan nomination cannot be filled as provided 
in subsection (1) and the vacancy occurs no later than 75 days before the 
general election, a 10-day period for accepting declarations for nomination or 
statements of candidacy and nominating petitions for the office shall be 
declared by: 



13-1A-211 KLKCnONS 62 

(a) the governor for national, state, judicial district, legislative, or 
any multicounty district office; 

(b) the governing body of the appropriate political subdivision for all 
other offices. 

(3) The names of the candidates who filed as provided in subsection (2) 
shall be certified and printed on the general election ballot in the same 
manner as candidates nominated in the primary. 

(4) If the vacancy occurs later than 75 days before the general election 
and no qualified individual is elected to the office at the general election, 
the office shall be vacant and shall be filled as provided by law. 

Part 2 

Judicial Offices 

13-14-201 through 13-14-208. RKPEALKD. Sec. 407, Ch. 571, L. 1979. 

13-14-209 and 13-14-210 reserved. 

13-14-211. JUDICIAL OFFICES SEPARATE AND INDEPENDENT OFFICES FOR ELECTION 
PURPOSES. (1) Each vacancy for justice of the supreme court is a separate and 
independent office for election purposes. The chief justice of the supreme 
court shall assign an individual number to the justices and certify these 
numbers to the office of the secretary of state. 

(2) Each vacancy for judicial office in a district which has more than one 
district judge is a separate and independent office for election purposes. 

(3) Each vacancy for office in a county which has more than one justice of 
the peace is a separate and independent office for election purposes. 

13-14-212. FORM OF BALLOT (W RETENTIOi OF CERTAIN INCUMBENT JUDICIAL 
OFFICERS. In the event there is no candidate other than the incumbent for the 
office of chief justice, supreme court justice, district court judge, or 
justice of the peace, the name of the incumbent shall be placed on the official 
ballot for the general election as follows: 

Shall (insert title of officer) (insert name of the incumbent officer) of 
the (insert title of the court) of the state of Montana be retained in office 
for another term? 



D 



YES 



NO 



(Mark an "x" before the word "YES" if you wish the official to remain in 
office. Mark an "x" before the word "NO" if you do not wish the official to 
remain in office.) 

13-14-213. FORM OF BALLOT ON RETENTION FOR OTHER JUDICIAL OFFICES. The 

election administrator or secretary of state shall use the form prescribed in 



63 CANVASSING, RETURNS, AND CERTTFICATES 

13-1A-212 to place the name of an unopposed incumbent for a judicial office on 
the general election ballot if such office is subject to the provisions of 
Article VII, Section 8, of The Constitution of the State of Montana. 



CHAPTER 15 

CANVASSING, RETURNS, AND CERTIFICATES 

Part 1 — General Provisions 

Section 

13-15-101. Votes to be publicly counted upon closing of polls. 

13-15-102. Defect in form of returns to be disregarded. 

13-15-103. Counting board. 

13-15-104. Counting board for absentee ballots. 

13-15-105. Notices relating to counting board for absentee ballots. 

13-15-106 through 13-15-110 reserved. 

13-15-111. Write-in elections -- general elections. 

Part 2 -- Procediire for Canvass 

13-15-201. Preparation for count. 
13-15-202. Counting votes cast -- pollbook. 
13-15-203. Marking rejected ballots. 
13-15-204. Signing and certifying pollbook. 

13-15-205. Items to be delivered to election administrator by election judges - 
disposition of other items. 

Part 3 — Registrar's Duties 

13-15-301. Disposition of items by election administrator. 
13-15-302. Repealed. Sec. 407, Ch. 571, L. 1979. 

Part A — County Canvass 

13-15-401. County governing body as board of county canvassers. 

13-15-402. Canvass of votes by board -- procedures if all returns not received 

by time of canvass. 
13-15-403. Canvass to be public -- nonessentials to be disregarded -- petition 

for recount. 
13-15-404. Information to be entered on record. 
13-15-405. Declaration or certification of results. 
13-15-406. Certificates to be issued by the election administrator. 

Part 5 — State Canvass 

13-15-501. Certification of canvass to state canvassers. 

13-15-502. Composition and meeting of board of state canvassers. 

13-15-503. Notification if returns not received from counties. 

13-15-504. Governor to issue commissions. 

13-15-505. Canvass to be public -- procedure. 



13-15-101 ELECTIONS 64 



13-15-506. Report of the canvass. 

13-15-507. Declaration, proclamation, and certification of results. 



Part 1 
General Provisions 



13-15-101. VOTES TO BE PUBLICLY COUNTED UPON CLOSING OF POLLS. (1) When the 
polls are closed, the election judges shall inmediately count the votes. The 
count shall be public and continue without adjournment until completed and the 
result is publicly declared. 

(2) Immediately after all the ballots are counted by precinct, the election 
judges shall copy the total votes cast for each candidate and for and against 
each proposition on the return forms furnished by the election administrator. 

(3) The election judges shall immediately post one of the return forms at 
the place of counting and return a copy to the election administrator. Both 
forms shall be signed by all the election the judges completing the count. 

13-15-102. DEFECT IN FOBM OF RETURNS TO BE DISREGARDED. No declaration of 
an election result, commission, or certificate shall be withheld because of a 
defect or informality in the returns of any election if it can be determined 
with reasonable certainty the office intended and the person elected. 

13-15-103. COUNTING BOARD. (1) In any precinct where a counting board has 
been appointed in addition to the regular board of election judges, the coxint- 
ing board shall meet at a place designated by the election administrator. 

(2) The election administrator may provide duplicate boxes for voted 
ballots and duplicate pollbooks at any precinct for which a counting board has 
been appointed and may arrange for the counting board to begin the count of the 
votes cast before the polls close. The counting board shall be sequestered in a 
separate room from where the ballots are being cast until after the polls 
close. Any individual observing the counting board procedures must be se- 
questered with the board tintil after the polls close. The counting board shall 
proceed by counting all ballots in the first box and then that box and pollbook 
shall be exchanged for the second box and duplicate pollbook. The board shall 
continue counting vintil the votes cast for all candidates and issues are 
counted. The election administrator may appoint an extra election judge to act 
as a marshal to be responsible for exchanging ballot boxes and pollbooks and 
enforcing sequestering of the board and observers. 

(3) The election administrator may have the counting ooard for a precinct 
begin work as soon as the polls close instead of using the procedure outlined 
in subsection (2). 

(A) In a county where voting devices are used, the election administrator 
may make provisions for the delivery of voted ballots to the counting center at 
any time prior to the closing of the~ polls. The ballots may be processed and 
counted as they are received, but the results of this early count may not be 
released to the public until after all the polls are closed. 



65 CANVASSING, RETURNS. AND CKRTIPICATKS 13-15-111 

(5) No election judge or other individual having access to the information 
may disclose any results of early counting while the polls are open. 

13-15-104. COUNTING BOARD FOR ABSENTEE BALLOTS. (1) The election ad- 
ministrator shall: 

(a) give special instructions to any counting board for absentee ballots 
appointed under 13-4-101 on the proper procedures for counting the absentee 
ballots; and 

(b) provide the forms and supplies necessary for the board to perform its 
duties. 

(2) The counting board for absentee ballots shall: 

(a) be sequestered in a room separate from where ballots are being cast; 

(b) at any time prior to the closing of the polls but not before the polls 
open, start the cotint of the absentee votes cast; and 

(c) follow the procedures outlined in 13-13-241 and 13-15-103 for the 
counting of the votes cast. 

(3) No election judge or other individual having access to any results of 
early counting may disclose the information while the polls are open, and he 
must remain sequestered until the closing of the polls. 

(4) (a) In addition to the official oath taken and subscribed to by the 
election judges, the members of the counting board for absentee ballots shall 

complete and sign the following affirmation: "I, , will not discuss or 

disclose or allow anyone else to discuss or disclose to anyone the results of 
the early counting of votes while the polls are open." 

(b) The chief election judge shall witness and sign the affirmation. 

13-15-105. NOTICES RELATING TO COUNTING BOARD FOR ABSENTEE BALLOTS. When- 
ever a counting board for absentee ballots is appointed under 13-4-101, the 
election administrator shall: 

(1) publish in the contracted newspaper of the county as provided in 7-5- 
2411 a notice indicating that such a method will be used for counting absentee 
ballots; 

(2) post in a conspicuous location at the office of the election ad- 
ministrator, by 5 p.m. of the day before an election, a notice that indicates 
the place and time the counting board for absentee ballots will meet on elec- 
tion day. The notice must inform the public that any person observing the 
procedures of the counting board must be sequestered with the board until the 
polls are closed and the counting board is released and must take the oath 
provided in 13-15-104. 

13-15-106 through 13-15-110 reserved. 

13-15-111. WRITE-IN ELECTIONS — GENERAL ELECTION. (1) An individual 
elected by having his ncime written in at the general election and receiving the 
largest number of votes shall: 

(a) file with the secretary of state or election administrator, not later 
than 10 days after the official canvass, a written declaration indicating his 
acceptance of the position for which he was elected; and 

(b) comply with the provisions of 13-37-225. 

(2) If an individual fails to file the declaration as required under 
subsection (l)(a), he may not assume the position for which he was elected. 



13-15-201 KLKCTKMJS 66 

Part 2 

Procedure for Canvass 

13-15-201. PREPARATION FOR COUNT. (1) To begin the count after the close of 
the polls, the election judges shall take ballots out of the box unopened to 
determine whether each ballot is single. 

(2) They shall count the ballots to ensure that the number of ballots 
corresponds with the niomber of names on the pollbook. 

(3) If they cannot reconcile the total number of ballots with the pollbook 
they must submit a written report stating how many ballots were missing or in 
excess and any reason of which they are aware for the discrepancy. All judges 
must sign the report. 

(4) A ballot which is not endorsed by the official stamp is void and may 
not be counted unless the judges agree the stamp is missing because of their 
error. Such ballot shall be marked "unstamped by error" on the back and must be 
initialed by all judges. 

(5) If two or more ballots are folded together to look like a single 
ballot, they shall be laid aside until the count is complete. The election 
judges shall compare the count with the pollbooks, and if a majority believes 
that the ballots folded together were voted by one elector, they must be 
rejected; otherwise they must be counted. 

13-15-202. COUNTING VOTES CAST — POLLBOOK. (1) When the procedures re- 
quired by 13-15-201 are completed, the election judges shall count and deter- 
mine the votes cast for each individual. 

(2) In counting, the ballots shall be opened singly by one of the election 
judges and the contents read aloud to the other judges. 

(3) A ballot or part of a ballot is void and shall not be counted if the 
elector's choice cannot be determined. If part of a ballot is sufficiently 
plain to determine the elector's intention, the election judges shall count 
that part. 

(4) As the ballots are read, two judges must write on a tally sheet the 
name of every individual and the office voted for and keep tallies of the 
number of votes for each individual. 

(5) The tally sheets shall be compared and their correctness ascertained, 
and the judges shall immediately write in the pollbook: 

(a) the names of all individuals who received votes; 

(b) the offices for which they received votes; 

(c) total votes received by each individual as shown by the tally sheets. 

(6) In making the count in precincts where voting machines are used, the 
votes cast by absentee ballot shall be added to the votes cast on the voting 
machines . 

(7) A ballot or vote rejected by the election judges may not be included in 
the count. 

13-15-203. MARKING REJECTED BALLOTS. A ballot rejected for illegality shall 
be marked by the election judges by writing across the face, "rejected on the 
ground of ....", filling the blank with a brief statement of the reasons for 
the rejection. The statement shall be dated and signed by a majority of the 
judges. 



67 CANVASSHrc RETURNS AND CKRTTFICATKS 13-15-301 

13-15-204. SIGNING AND CKRTUYING FOLLBOOK. Immediately after the votes are 
counted and the ballots sealed up, the pollbook shall be signed and certified 
to by the election judges in a form prescribed by the secretary of state. 

13-15-205. ITEMS TO BE DELIVERED TO ELECTION AIMENISTRATOR BY ELECTIM* 
JUDGES -- DISPOSITION OF OTHER ITEMS. (1) Before they adjourn, the election 
judges shall enclose in a strong envelope or package, securely fastened: 

(a) the precinct register; 

(b) the list of individuals challenged; 

(c) the pollbook; 

(d) both of the tally sheets. 

(2) The election judges shall enclose in a separate package or envelope, 
securely sealed, all unused ballots with the numbered stubs attached. 

(3) The election judges shall enclose in a separate package or envelope, 
securely sealed, all ballots voted, including those not counted or allowed, and 
detached stubs from all counted or rejected absentee ballots. This envelope 
shall be endorsed on the outside "ballots voted". At the primary election the 
unvoted party ballots shall be enclosed in a separate package or envelope, 
securely sealed, and marked on the outside "unvoted ballots". 

(A) Each election judge shall write his name across all seals. 

(5) The return form provided for in 13-15-101 shall be returned with the 
items provided for in this section but may not be sealed in any of the pack- 
ages. 

(6) The envelopes or packages required by this section shall be delivered 
to the election administrator by the chief election judge or another judge 
appointed by the chief judge in the manner ordered by the election ad- 
ministrator. 

(7) The election administrator shall instruct the chief election judge in 
writing on the proper disposition of all other election materials and supplies. 

Part 3 

Registrar's Duties 

13-15-301. DISPOSITION OF ITEMS BY ELECTION ADMINISTRATOR, (l) The election 
administrator shall file the envelopes or packages containing the precinct 
registers, pollbooks, tally sheets, certificates of registration, and oaths of 
election officers. He shall keep them unopened until the county board of 
canvassers meets to canvass the returns. The board shall open the envelopes or 
packages . 

(2) Immediately after the returns are canvassed, the election administrator 
shall file the pollbooks, election records, and the papers delivered to the 
board of canvassers with the unopened packages of ballots and ballot stubs. 

13-15-302. REPEALED. Sec. 407, Ch. 571, L. 1979. 



13-15-AOl ELECTIONS 68 

Part 4 
County Canvass 

13-15-401. COUNTY GOVERNING BODY AS BOARD OF COUNTY CANVASSERS. (1) The 

governing body of a coiinty, consolidated, or confederated local government is 
ex officio a board of county canvassers and shall meet as the board of county - 
canvassers at the usual place of meeting of the governing body within 3 days 
after each election, at 8 a.m., to canvass the returns. 

(2) If one or more of the members of the governing body cannot attend the 
meeting, his place shall be filled by one or more county officers chosen by the 
remaining members of the governing body so that the board of county canvassers' 
membership equals the membership of the governing body. 

(3) The governing body of any political subdivision in the county that 
participated in the election may join with the governing body of the county, 
consolidated, or confederated local government in canvassing the votes cast at 
the election. 

(4) The election administrator is secretary of the board of county can- 
vassers and shall keep minutes of the meeting of the board and file them in 
the official records of his office. 

13-15-402. CANVASS OF VOTES BY BOARD -- PROCEDURES IF ALL RETURNS NOT 
RECEIVED BY TIME OF CANVASS. (1) If all returns are in at the time of the 
meeting, the board of county canvassers shall immediately canvass the returns. 

(2) If all returns are not received, the board shall postpone the canvass 
from day to day until all returns are received. 

(3) If the returns from an election precinct have not been received by the 
election administrator within 3 days after an election, he shall immediately 
advise the chief election judge. 

(4) If it appears to the board that the polls were not open in a precinct, 
the board shall certify this to the election administrator. The election 
administrator shall enter the certification in the minutes and in the record 
required by 13-15-AOA. 

13-15-403. CANVASS TO BE PUBLIC -- NtWESSENTIALS TO BE DISREGARDED — 
PETrnCW FOR RECOUNT. (1) The canvass shall be public. It shall proceed by 
opening the returns, auditing the tally books or other records of votes cast, 
determining the vote for each individual and for and against each ballot issue 
from each precinct, compiling totals, and declaring or certifying the results. 

(2) The board shall record all write-in votes shown in the returns from 
each precinct. 

(3) The returns may not be rejected because of failure to show who ad- 
ministered the oath to the election judges, failure to complete all the cer- 
tificates in a pollbook, or because of failure of any other act making up the 
returns that is not essential to determine for whom the votes were cast. 

(A) If during a canvass the board finds an error in a precinct or precincts 
affecting the accuracy of vote totals, the board immediatley may petition for a 
recount of the votes cast in the precinct or precincts, as provided in 13-16- 
201. 



69 CANVASSING RETURNS AND CERTTFICATES 13-15-501 

13-15-404. INFORMATION TO BK ENTERED Mi RECORD. (1) The secretary of the 
board shall prepare and file in the official records of his office a report of 
the canvass which lists: 

(a) the total number of electors voting in each precinct, district, or 
portion of a district in the county and the total in the county; 

(b) the name of each individual receiving votes and the office for which 
the votes were received; 

(c) the number and title of each ballot issue; 

(d) the votes by precinct, district, or portion of a district within the 
county for each individual and for and against each ballot issue; 

(e) the total votes in the coxinty for each individual and for and against 
each ballot issue; and 

(f) for municipal elections; the total number of electors voting in each 
municipality and the votes by municipality for each individual and for and 
against each ballot issue. 

(2) Write-in votes for an individual shall be entered in the report in the 
same place as the votes for other individuals for the same office but shall be 
identified as write-in votes. 

13-15-405. DECLARATKM OR CERTZFICATION OF RESULTS, (l) The board shall 
declare nominated or elected the individuals having the highest number of votes 
cast for each county and precinct office, except as provided in 13-10-204. 

(2) The board shall proclaim the adoption or rejection of a county ballot 
issue. 

(3) The board shall certify the results of the canvass of votes cast for 
individuals for political subdivision offices and for and against political 
subdivision ballot issues to the governing body of each political subdivision 
participating in the election. 

(A) If there is a tie vote for a county office, an office of a political 
subdivision wholly within the county, a precinct office, or a ballot issue 
voted on only in that county or portion of that county, the board shall certify 
the vote to the election administrator. 

13-15-406. CERTIFICATES TO BE ISSUED BY THE ELECTKW A»fINISTRATOR. The 

election administrator shall, except as provided in 13-37-127, deliver a 
certificate of nomination or election to each individual declared elected by 
the board. 

Part 5 

State Canvass 

13-15-501. CERTIFICATION OF CANVASS TO STATE CANVASSERS. (1) The board of 
county canvassers shall certify the vote for each individual for whom votes 
were cast for the offices of president and vice president of the United States, 
congressional offices, state or district offices voted for in more than one 
county, members of the legislature, judges of the district court, and for and 
against ballot issues voted on in more than one county to the board of state 
canvassers. The certification shall contain all the information required in 13- 
15-A04 for such candidates and issues. 

(2) The secretary of the board shall send the certification to the sec- 
retary of state by certified mail in an envelope marked "election returns". 



13-15-502 KLECnCMJS 70 

13-15-502. COlPOSrnON AND MEETING OF BOARD OF STATE CANVASSERS. Within 20 
days after the election, or sooner if the returns are all received, the state 
auditor, superintendent of public instruction, and attorney general shall meet 
as a board of state canvassers in the office of the secretary of state and 
determine the vote. The secretary of state shall serve as secretary of the 
board, keep minutes of the meeting of the board, and file them in the official 
records of his office. 

13-15-503. NOTITICATKMI IF RETURNS NOT RECEIVED FROM COUNTIES. If the 

returns from all counties have not been received 3 days before the meeting of 
the board of state canvassers, the secretary of state shall immediately advise 
the election administrator of each delinquent coxinty. 

13-15-504. GOVERNOR TO ISSUE COMISSKMiS. Upon receipt of the statements 
required by 13-15-507 and 13-37-127, the governor shall issue commissions to 
the individuals elected. If the governor has been elected to succeed himself, 
the secretary of state shall issue the commission. 

13-15-505. CANVASS TO BE PUBLIC — PROCEDURE. (1) The canvass shall be 
public. It shall proceed by opening the returns from each county, auditing the 
records from each county for errors, determining the vote for each individual 
and for and against each ballot issue in each county, compiling totals, and 
declaring and certifying the results. 

(2) The board shall record all write-in votes shown in the returns received 
from each county. 

13-15-506. REPORT OF THE CANVASS. (1) The secretary of the board shall 
prepare and file in the official records of his office a report of the canvass 
which lists: 

(a) the total number of electors voting in each county and in each legisla- 
tive house district and the total in the state; 

(b) the name of each individual receiving votes and the office for which 
the votes were received; 

(c) the number and title of each ballot issue; and 

(d) the votes by county and legislative house district and the total votes 
for each individual and for and against each ballot issue. 

(2) Write-in votes for an individual shall be entered in the report in the 
same place as votes of other individuals for the same office but shall be 
identified as write-in votes. 

13-15-507. DECLARATION, PROCLAMATION, AND CERTIFICATION OF RESULTS. The 

board shall declare nominated or elected the individual having the highest 
number of votes cast for each office, except as provided in 13-10-20A. The 
board shall proclaim the adoption or rejection of ballot issues. Certified 
copies of the report required in 13-15-506, the declaration of nominated or 
elected individuals, the proclamation of adoption or rejection of ballot 
issues, and the effective date of adopted ballot issues shall be delivered to 
the governor. 



71 RECOUNT AND TIE VOTES 

CHAPTER 16 

RECOUNTS AND TIE VOTES 

Part 1 -- County Recotmt Board 

Section 

13-16-101. County governing body as county recount board. 

Part 2 -- Recounts in Close Elections 

13-16-201. Conditions under which recount to be made. 

13-16-202. Determining total vote cast for all candidates for an office. 

13-16-203. Recount for tie votes. 

13-16-20A. Meeting of recount board when recount requested. 

13-16-205. Expenses of recount. 

Sections 13-16-206 through 13-16-210 reserved. 

13-16-211. Recotints allowed if bond posted to cover all costs. 

Part 3 — Recounts Under Court Order 

13-16-301. Application and court order for recount. 

13-16-302. Service of copy of application -- hearing. 

13-16-303. Presumption of incorrectness from failure to comply with provisions 

for counting votes. 

13-16-30A. Ordering in another judge -- jurisdiction. 

13-16-305. Limitation of recount to certain counties or precincts. 

13-16-306. Procedure when more than one application for recount. 

13-16-307. Expenses of court-ordered recount. 

Part A — Recount Procedure 

13-16-AOl. Renumbered 13-16-All by Code Commissioner, 1979. 

13-16-402. Rentimbered 13-16-412 by Code Commissioner, 1979. 

13-16-403. Renumbered 13-16-417 by Code Commissioner, 1979. 

13-16-404. Renumbered 13-16-418 by Code Commissioner, 1979. 

13-16-405. Renumbered 13-16-419 by Code Commissioner, 1979. 

Sections 13-16-406 through 13-16-410 reserved. 

13-16-411. Individuals entitled to appear at recount -- opening and recount of 

ballots. 

13-16-412. Procedure for recounting paper ballots. 

13-16-413. Recount of votes cast by machine. 

13-14-414. Recount of votes cast by voting devices. 

13-16-415. Recount totals. 

13-16-416. Report of recount. 



13-16-101 ELECTKMS 72 



13-16-417. Sealing ballots, machines, or devices. 

13-16-418. Procedure after recount. 

13-16-419. Recount by board of state canvassers. 

Part 5 -- Tie Votes 

13-16-501. Tie vote after recount. 

13-16-502. Tie vote in election for United States congress. 

13-16-503. Tie vote in election for supreme court justice, district court 
judge, or state legislator. 

13-16-504. Tie vote in election for state executive officers. 

13-16-505. Tie vote in election for county commissioner. 

13-16-506. Tie vote in election for other county officers. 

13-16-507. Tie vote in election for officers of nonspecified political sub- 
division. 



Part 1 
County Recount Board 



13-16-101. COUNTY GOVERNING BODY AS COUNTY RECOUNT BOARD. (1) The county 
recount board shall consist of three members. 

(2) Three members of the governing body shall be appointed by the chairman 
if there are more than three members of the governing body. 

(3) If three members of the governing body cannot attend when the board 
meets, any vacant place shall be filled by one or more county officers chosen 
by the remaining members of the governing body. 

(4) If a member of the recount board is a candidate for an office or 
nomination for which votes are to be recounted, he shall be disqualified. 

(5) The election administrator is secretary of the recount board, and the 
board may hire any additional clerks as needed. 

(6) The board may appoint county employees or hire clerks to assist as 
needed . 

Part 2 

Recounts in Close Elections 

13-16-201. CONDITIONS UNDER WHICH RECOUNT TO BE MADE. A recount shall be 
made under any of the following conditions: 

(1) If a candidate for a county, municipal, or district office voted for in 
only one county, other than a legislator or a judge of the district court, or a 
precinct office is defeated by a margin not exceeding 1/4 of 1% of the total 
votes cast or by a margin not exceeding 10 votes, whichever is greater, he may, 
within 5 days after the official canvass, file with the election administrator 
a verified petition stating he believes a recoxint will change the result and a 
recount of the votes for the office or nomination should be had. 

(2) If a candidate for a congressional office, a state or district office 
voted on in more than one county, the legislature, or judge of the district 



73 RECOUNTS AND TIE VOTES 13-16-204 

court is defeated by a margin not exceeding 1/4 of 1% of the total votes cast 
for all candidates for the same position, he may, within 5 days after the 
official canvass, file a petition with the secretary of state as set forth in 
subsection (1). The secretary of state shall immediately notify each election 
administrator whose county includes any precincts which voted for the same 
office by certified or registered mail, and a recoimt shall be conducted in 
those precincts. 

(3) If a question submitted to the vote of the people of a county, munic- 
ipality, or district within a county is decided by a margin not exceeding 1/4 
of 1% of the total votes cast for and against the question, a petition as set 
forth in subsection (l) may be filed with the election administrator. This 
petition must be signed by not less than 10 electors of the jurisdiction and 
must be filed within 5 days after the official canvass. 

(4) If a question submitted to the vote of the people of the state is 
decided by a margin not exceeding 1/4 of 1% of the total votes cast for and 
against the question, a petition as set forth in subsection (1) may be filed 
with the secretary of state. This petition must be signed by not less than 100 
electors of the state, representing at least five counties of the state, and 
must be filed within 5 days after the official canvass. 

(5) If a question submitted to the vote of the people of a multicotinty 
district is decided by a margin not exceeding 1/4 of 1% of the total votes cast 
for and against the question, a petition as set forth in subsection (l) may be 
filed with the secretary of state. This petition must be signed by not less 
than 25 electors of the district, representing at least two counties, and must 
be filed within 5 days after the official canvass. 

(6) The secretary of state shall immediately notify each election ad- 
ministrator by certified mail of the filing of the petition, and a recount 
shall be conducted in all precincts in each coxinty. 

(7) If during a canvass of election returns a board of county canvassers 
finds an error, as provided in 13-15-403, the board immediately may file a 
petition with the election administrator. 

13-16-202. DETERMINING TOTAL VOTE CAST FOR ALL CANDIDATES FOR AN OFFICE. 

When an elector may vote for two or more candidates for the same office, the 
total vote cast for all candidates for the office is the total vote cast for 
all candidates divided by the number of candidates officially declared nomi- 
nated or elected as shown by the official returns. 

13-16-203. RECOUNT FOR TIE VOTES. When a tie has been certified to the 
election administrator, as provided in 13-15-405(4), or the secretary of state, 
he shall proceed as if a petition for a recount has been filed. If a tie 
exists after the recount, the tie shall be resolved as provided by law. 

13-16-204. MEETING OF RECOUNT BOARD WHEN RECOUNT REQUESTED. (1) Immediate- 
ly upon receiving a petition for a recount or a notice from the secretary of 
state that a petition has been filed with him, as provided in 13-16-201, the 
election administrator shall notify the members of the county recount board. 

(2) The board shall convene at the usual meeting place of the governing 
body without undue delay but not later than 5 days after receiving notice from 
the election administrator. 



13-16-205 KLKCnCMS 74 

13-16-205. EXPENSES OF RECOUNT. The expense of the recount provided for in 
13-16-201 is a county charge. Recount expenses of the secretary of state and 
board of state canvassers are a state charge. 

13-16-206 through 13-16-210 reserved. 

13-16-211. RECOUNTS ALLOWED IF BCMO) POSTED TO COVER ALL COSTS. (1) If a 

candidate for a public office is defeated by a margin exceeding 1/A of 1% but 
not exceeding 1/2 of 1% of the total votes cast for all candidates for the same 
position, he may, within 5 days after the official canvass, file with the 
officer with whom his declaration or petition for nomination was filed a 
petition stating that he believes a recount will change the result of the 
election. 

(2) The unsuccessful candidate shall post a bond with the clerk and recor- 
der of the coiinty in which he resides. The bond must be in an amount set by 
the clerk and recorder sufficient to cover all costs of the recovint incurred by 
each county in which a recount is sought, including loss of time of regular 
employees caused by absence from their regular duties. 

(3) Upon the filing of a petition and posting of a bond under this section, 
the board of county canvassers in each county affected shall meet and recount 
the ballots specified in the petition. 

Part 3 

Recounts Under Court Order 

13-16-301. APPLICATION AND COURT ORDER FOR RECOUNT. (1) (a) Within 5 days 
after the canvass of election returns, an unsuccessful candidate for any public 
office at an election may apply to the district court of the coxinty where the 
election was held for an order directing the county recount board to make a 
recount of the votes cast in any or all of the precincts. If the election was 
held in more than one county, the application shall be made to the district 
court of the covinty where the candidate resides. 

(b) Within 5 days after the canvass of election returns, an elector who was 
eligible to vote on the issue and who believes that there are grounds for a 
recount of the votes cast for and against a ballot issue may apply to the 
district court of the county where he resides for an order directing the 
appropriate county recount board to make a recount of the votes cast in any or 
all of the precincts. 

(2) The application shall specify the grounds for a recount and be verified 
by the applicant that the matters contained in it are true to the best of the 
applicant's knowledge, information, and belief. 

(3) Within 5 days after filing of the application, the judge shall hear the 
application and determine its sufficiency. 

(A) If the judge finds there is probable cause to believe that the votes ■ 
cast for the applicant or the ballot issue were not correctly counted, he shall 
order the appropriate county recount board to assemble within 5 days after the 
order is issued at a time and place fixed by the order. The board shall meet 
and recount the ballots as specified in the order. 

13-16-302. SERVICE OF COPY OF APPLICATIMI — HEARING. The candidate found 
to be elected as a result of the original or first canvass shall be served with 



75 RECOUNTS AND TIE VOTES 13-16-307 

a copy of the application for recount. He shall be given an opportunity to be 
heard and shall be permitted to be present and to be represented at any recount 
ordered. 

13-16-303. PRESUMPTION OF INCORRECTNESS FROM FAILURE TO COfPLY VflTH PROVI- 
SI(»1S FOR COUNTING VOTES. If it appears from a verified application that the 
election judges failed to comply with the provisions of 13-15-202, that is 
sufficient cause for believing that the election judges did not correctly 
ascertain the number of votes cast for the applicant or ballot issue. 

13-16-304. ORDERING IN ANOTHER JUDGE — JURISDICTKMJ. (1) If the judge of 
the district court in which the application is filed is for any reason dis- 
qualified from acting, the judge or a supreme court justice shall order another 
district judge to hear and determine the application. 

(2) The district court shall not lose jurisdiction of the case by failure 
to hear and determine the application within the prescribed time but shall 
retain jurisdiction until the cause is finally determined and the final count 
is made by the county recount board. 

13-16-305. LIMITATION OF RECOUNT TO CERTAIN COUNTIES OR PRECINCTS. (1) If 

the application asks for a recount in more than one county or precinct but 
there are not sufficient grounds for a recount in all counties or precincts, 
the court shall order a recount in only the counties or precincts for which 
sufficient grounds are stated and shown. 

(2) The county recount board shall recount votes only in those counties or 
precincts and for those offices or ballot issues specified in the court order. 

13-16-306. PROCEDURE WHEN MORE THAN ONE APPLICATION FOR RECOUNT. If more 
than one candidate makes application for a recoxint, the court may consider the 
applications together. The court may make separate or joint orders on the 
applications and apportion the expenses between the applicants. 

13-16-307. EXPENSES OF COURT-ORDKRED RECOUNT. (1) The court shall in its 
order determine the probable expense of making the recount, and the applicant 
or applicants asking for the recount shall deposit with the board the amount 
determined, in cash. 

(2) If the recount shows that an applicant has been elected to office, the 
deposit of the applicant shall be returned to him. 

(3) If the recoxint shows that an applicant has not been elected and the 
expense of the recount is greater than the estimated cost, the applicant shall 
pay the excess; but if the expense is less than the cost, the difference shall 
be refunded to the applicant. 

(A) If the recount reverses the results of a ballot issue election, the 
deposit of the applicant shall be returned to him. 

(5) If the recount does not reverse the results of a ballot issue election 
and the expense of the recount is greater than the estimated cost, the ap- 
plicant shall pay the excess; but if the expense is less than the cost, the 
difference shall be refunded to the applicant. 



13-16-411 



ELECTI(»iS 
Part A 



76 



Recount Procedure 

13-16-AOl. Renumbered 13-16-All by Code Commissioner, 1979. 

13-16-402. Renumbered 13-16-A12 by Code Commissioner, 1979. 

13-16-403. Renumbered 13-16-A17 by Code Commissioner, 1979. 

13-16-404. Renumbered 13-16-418 by Code Commissioner, 1979. 

13-16-405. Renumbered 13-16-419 by Code Commissioner, 1979. 

13-16-406 through 13-16-410 reserved. 

13-16-411. INDIVIDUALS KNTITLKD TO APPEAR AT RECOUNT — OPENING AND RECOUNT 
OF BALLOTS. (1) Representatives of the news media may be present at the re- 
count. The recount shall be public, but the audience may be limited to prevent 
interference with the procedures. 

(2) Each candidate involved in a recount may appear, personally or by 
representative, and shall have full opportunity to witness the opening of all 
ballot boxes and the coxint of all ballots. 

(3) If the recount is upon a ballot issue, one qualified elector favoring 
each side of the question may be present and represent his side. 

(A) The recount shall proceed as provided in 13-16-412 and as expeditiously 
as possible until completed. 

13-16-412. PROCEDURE FOR RECOUNTING PAPER BALLOTS. The coimty recount board 
in recounting the ballots shall coxint, at the same time, the votes cast in the 
precincts in which a recount is ordered for the several candidates in whose 
behalf a recount is ordered in the following manner: 

(1) The election administrator shall produce, unopened, each sealed package 
or envelope received from the election judges of the precinct or precincts in 
which a recount is ordered, containing all ballots voted in the precinct or 
precincts. 

(2) A member of the county recount board shall open each sealed package or 
envelope and remove the ballots. 

(3) One of the members of the board shall read each ballot aloud. As the 
ballots are read, two clerks shall write the votes cast for each individual in 
each precinct, at full length, on previously prepared tally sheets. The tally 
sheets shall show the names of the respective candidates, the office or offices 
for which a recount is made, and the number of each election precinct. 

13-16-413. RECOUNT OF VOTES CAST BY MACHINE. The recount board shall remove 
the seals from the voting machines in all precincts where a recount is 
required and proceed to record the votes cast for all candidates or on all 
ballot issues for which the recount is ordered in the same manner as the count 
is made after the closing of the polls. Any paper ballots voted in the pre- 
cincts shall be recounted as prescribed in 13-16-412. 



77 RECOUNTS AND TIK VOTES 13-16-418 

13-16-414. RECOUNT OF VOTES CAST BY VOTING DEVICES. (1) The recount board 
shall test the automatic tabulating equipment used for votes cast by voting 
devices. If the test does not show any errors, the votes cast for the can- 
didates or on the issues for which a recount is ordered shall be recounted by 
the tabulating equipment. 

(2) If any errors are found in the test or if any questions remain as to 
the accuracy of the count, the board may have the program and equipment checked 
by a qualified individual who did not participate in the original preparation 
of the program and equipment. 

(3) The board may also order manual counting of the votes cast if they 
believe it is necessary to resolve all questions relating to the election. 

(4) The board may remove the seals from any voting device and check the 
ballot on the device with the official certification of the ballot arrangement 
for each precinct. 

(5) Any paper ballots voted in a precinct shall be recounted as prescribed 
in 13-16-412. 

(6) Write-in votes shall be recounted in the same manner as the count is 
made after the closing of the polls. 

13-16-415. RECOUNT TOTALS. After a recount is completed, tally sheets shall 
be compared and the correctness of all reports of votes cast ascertained. The 
totals for each candidate or on each issue shall be compiled and checked for 
accuracy. 

13-16-416. REPORT OF RECOUNT. (1) If the recount shows the votes for any 
candidate or on any ballot issue are more or less than the number shown upon 
the official returns, the secretary of the recount board shall prepare a 
corrected report which states the number of votes ascertained by the recount. 

(2) The recount board shall direct the secretary to enter the result of the 
election as determined by the recount in the board records. 

13-16-417. SEALING BALLOTS, MACHINES, OR DEVICES. (1) When the recount in a 
precinct has been finished, each ballot shall again be sealed in the same 
package or envelope in the presence of the election administrator and the 
county recount board and shall be delivered to the election administrator for 
custody. 

(2) All voting machines or devices from which seals have been removed shall 
be resealed in the presence of the election administrator and the recount board 
and shall be delivered to the election administrator for custody. 

(3) All other materials used in the recount that are required to be sealed 
shall be resealed in the same manner and delivered to the election ad- 
ministrator for custody. 

13-16-418. PROCEDURE AFTER RECOUNT, (l) Immediately after the recoxint, the 

county recount board shall certify the result. 

(2) At least two members of the board shall sign the certificate, and it 
shall be attested to under seal by the election administrator. 

(3) The certificate shall set forth in substance the proceedings of the 
board and the appearance of any candidates or representatives. The certificate 
shall adequately designate each precinct recounted; the vote of each precinct 
according to the official canvass previously made; the nomination, position, or 



13-16-A19 ELECTIONS 78 

question involved; and the correct vote of each precinct as determined by the 
recount. 

(A) When the certificate relates to a recount for a congressional office, a 
state or district office voted on in more than one county, a legislative 
office, or an office of judge of the district court or a ballot issue voted on 
in more than one county, the certificate shall be made in duplicate. One copy 
shall be transmitted immediately to the secretary of state by certified mail. 

(5) (a) If the recount relates to a county, municipal, or district office 
voted for in only one county, other than that of a legislator or a judge of the 
district court, or a precinct office or a ballot issue voted on in only one 
county, the county recount board shall immediately recanvass the returns as 
corrected by the certificate showing the result of the recount and make a 
corrected abstract of the votes. 

(b) If the corrected abstract shows no change in the result, no further 
action need be taken. 

(c) If there is a change in the result, a new certificate of election or 
nomination shall be issued to each candidate found to be elected or nominated 
and the first certificate is void. The individual receiving the second certifi- 
cate shall be elected or nominated to the office. 

13-16-419. RECOUNT BY BOARD OF STATE CANVASSERS. (1) When the secretary of 
state receives certificates from all county recount boards, he shall file them, 
fix a time and place, as soon as possible, for reconvening the board of state 
canvassers, and shall notify the members. 

(2) The board of state canvassers shall recanvass the official returns on 
the office, nomination, position, or question, as corrected by the certifi- 
cates, and make a new and corrected abstract of the votes cast. 

(3) (a) If the corrected abstract shows no change in the results, no 
further action shall be taken. 

(b) If there is a change in the results, a new certificate of election or 
nomination shall be issued in the same manner as the certificate of election or 
nomination was previously issued to each candidate elected or nominated. 

Part 5 

Tie Votes 

13-16-501. TIE VOTE AFTER RECOUNT. (1) If the recount shows a tie vote for 
any office and it cannot be determined who has been nominated by the primary 
election, the election officer with whom the candidates' nominating declara- 
tions or petitions were filed shall determine by lot which candidate shall be 
nominated. Written notice of the time and place of the drawing shall be given 
to each candidate involved. 

(2) If the recount after a general election shows a tie vote and it cannot 
be determined who has been elected, the office or position shall be filled as 
provided by 13-16-502 through 13-16-506. 

13-16-502. TIE VOTE IN ELECTKW FOR UNITED STATES OWGRESS. If there is a 
tie vote for United States representative or senator, the secretary of state 
shall send a certified statement to the governor showing the votes cast and the 
governor shall order a special election. 



79 VOTING HACHIMES 13-16-507 

13-16-503. TIE VOTE IN ELECTKW FOR SUPREME COURT JUSTICE, DISTRICT COURT 
JUDGE, OR STATE LEGISLATOR. If there is a tie vote for justice of the supreme 
court, judge of a district court, or member of the legislature, the secretary 
of state shall send a certified statement to the governor showing the votes 
cast for each individual and the governor shall appoint one of those candidates 
to the office. 

13-16-50A. TIE VOTE IN ELECTION FOR STATE EXECUTIVE OFFICERS. If there is a 
tie vote for governor and lieutenant governor, secretary of state, attorney 
general, state auditor, clerk of the supreme court, superintendent of public 
instruction, or any other state executive officer, the secretary of state shall 
transmit a certified copy of the statement to the legislature showing the votes 
cast for the two or more candidates having an equal and the highest number of 
votes. The legislature, at its next regular session, shall elect one of these 
candidates to fill the office by joint ballot of the two houses. 

13-16-505. TIE VOTE IN ELECTION FOR COUNTY COMISSIMJER. If there is a tie 
vote for commissioner, the senior district judge shall appoint one of the 
candidates who tied to fill the office as in other cases of vacancy. 

13-16-506. TIE VOTE IN ELECTION FOR OTHER COUNTY OFFICERS. If there is a 
tie vote for clerk of the district court, county attorney, or any county 
officer except county commissioner, the commissioners shall appoint one of the 
candidates who tied to fill the office as in other cases of vacancy. 

13-16-507. TIE VOTE IN ELECTION FOR OFFICERS OF NONSPECIFIED POLITICAL 
SUBDIVISION. If there is a tie vote for an officer of any political subdivision 
not specifically provided for in this part, the governing body of that juris- 
diction shall appoint one of the candidates who tied to fill the office as in 
other cases of vacancy. 

CHAPTER 17 

VOTING MACHINES 

Part 1 — General Provisions 

Section 

13-17-101. Secretary of state to approve voting machines and devices. 

13-17-102. Use of qualified technicians and advisors. 

13-17-103. Required specifications for equipment. 

13-17-104. Providing voting machines or devices -- payment. 

13-17-105. Experimental use of machines or devices. 

13-17-106. General election laws to apply. 

13-17-107. Secretary of state to prescribe rules. 

Part 2 — Preparation For Use of Machines 

13-17-201. Election administrator to instruct election judges. 

13-17-202. Repealed. Sec. A07, Ch. 571, L. 1979. 

13-17-203. Publication of information concerning machines or devices. 

13-17-204. Voting machines or devices to be exhibited. 



ELECTIONS 80 

13-17-205. Repealed. Sec. 407, Ch. 571, L. 1979. 
13-17-206. Arrangement of machine ballot. 
13-17-207. Repealed. Sec. 407, Ch. 571, L. 1979. 

Part 3 -- Voting Procedure 

13-17-301. Placement of equipment -- time for use. 

13-17-302 through 13-17-304. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-17-305. Request to use paper ballots. 

13-17-306. Use of separate paper ballots for voting on certain candidates or 

issues. 

13-17-307. Repealed. Sec. 407, Ch. 571, L. 1979. 

Part 4 -- Vote Count 

13-17-401 through 13-17-404. Repealed. Sec. 407, Ch. 571, L. 1979. 



Part 1 
General Provisions 



13-17-101. SECRETARY OF STATE TO APPROVE VOTING MACHINES AND DEVICES. (1) 
Before any voting machine or device can be used for any election in this state, 
the secretary of state shall: 

(a) examine the machine or device to determine if it complies with the 
requirements of this chapter; 

(b) within 30 days after examining a machine or device, file a report of 
the examination in his office; 

(c) include in the report the reasons for approval or disapproval of the 
use of the machine or device and his opinion of the economic and procedural 
impact of the use of the machine or device by the various classes of counties 
of this state; and 

(d) within 5 days after filing the report, transmit to the election ad- 
ministrator of each county a copy of the report. 

(2) Voting machines and devices may not be used unless approved by the 
secretary of state 60 days or more prior to the election at which they will be 
used. 

13-17-102. USE OF QUALIFIED TECHNICIANS AND ADVISORS. (1) The secretary of 
state may employ and compensate qualified technicians and advisors who are 
electors of this state to assist him in duties required by 13-17-101. Advisors 
who are public officers or employees shall serve without additional compensa- 
tion other than expenses of attending the examination if the examination takes 
place during their regular working hours. 

(2) The person or company submitting a machine or device for examination 
shall pay the compensation and expenses of technicians and advisors connected 
with the examination to the secretary of state for deposit in the state general 
fund. The secretary of state and the person or company shall reach agreement on 
the number of technicians and advisors to be compensated before the examination 
is held. 



81 VOTING MACHINES 13-17-107 

13-17-103. REQUIRED SPECIFICATIONS FOR EQUIPMENT. A voting machine or 
device may not be approved unless: 

(1) an elector can vote in secrecy; 

(2) an elector is prevented from voting for any candidate or upon any 
ballot issue more than once and is also prevented from voting on any office or 
ballot issue for which he is not entitled to vote; 

(3) an elector can secretly select the party for which he wishes to vote in 
a primary election and the machine or device will count only votes for the 
candidates of that party by the elector in the primary election; 

(A) an elector can vote a split ticket in a general election if he desires; 

(5) every valid vote cast is registered and recorded; 

(6) the machine or device is constructed so that it cannot be tampered with 
for a fraudulent purpose and is also constructed so that during the progress of 
the voting no individual can see or know the number of votes registered for any 
candidate or on any ballot issue; 

(7) it allows write-in voting; and 

(8) a guarantee to provide training and assistance to election officials is 
included in each contract for purchase of the machine or device. 

13-17-104. PROVIDING VOTING MACHINES OR DEVICES -- PAYMENT. CD The county 
governing body may provide approved voting machines or devices as practicable. 

(2) Fvinds for voting machines or devices may be provided by the same 
methods available for other capital equipment purchases by the county. 

(3) The governing body of a county may put the question of purchasing 
voting machines or devices or the question of which type of voting machine or 
device to purchase to the registered electors of the county by the same method 
that any other question is referred to the electors. 

13-17-105. EXPERIMENTAL USE OF MACHINES OR DEVICES. The governing body of a 
county may provide for the experimental use at an election of a voting machine 
or device that has been approved by the secretary of state in one or more 
precincts without a formal adoption or purchase of the machine or device. Its 
use at the election is valid for all purposes as if the equipment had been 
formally adopted or purchased. 

13-17-106. GENERAL ELECTION LAWS TO APPLY. All laws applicable to elections 
where voting is not done by machine or device and all penalties prescribed for 
violations of those laws apply to elections and precincts where voting machines 
or devices are used if they are not in conflict with the provisions of this 
chapter . 

13-17-107. SECRETARY OF STATE TO PRESCRIBE RULES. (1) The secretary of 
state may prescribe rules for the submission of voting machines and devices for 
examination and additional requirements for approval of machines and devices. 

(2) The secretary of state shall prescribe rules for the complete pro- 
cedures necessary to use each type of voting machine or device now approved 
for use in this state and for each type of machine or device approved for use 
under the provisions of this chapter. 



13-17-201 ELECTIONS 82 

Part 2 
Preparation For Use of Machines 

13-17-201. ELECTION ADMINISTRATOR TO INSTRUCT ELECTION JUDGES. (1) Before 
each election, the election administrator shall instruct all election judges in 
the use of the machines or devices. He shall give to each election judge who 
has received instruction and is fully qualified to conduct an election with the 
machine a certificate to that effect. 

(2) A chief election judge may not serve in a precinct where voting ma- 
chines or devices are used unless he has received instruction, is fully quali- 
fied to perform duties in connection with the machine or device, and has 
received a certificate to that effect from the election administrator. 

13-17-202. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-17-203. PUBLICATION OF INFORMATION CONCERNING MACHINES OR DEVICES. Not 
more than 10 or less than 3 days before an election at which voting machines or 
devices will be used, the election administrator shall publish on radio or 
television as provided in 2-3-105 through 2-3-107 or in a newspaper of general 
circulation in the county: 

(1) a diagram showing the voting machine or device and ballot arrangement 
(in newspaper only); 

(2) a statement of the locations where voting machines or devices are on 
public exhibition; 

(3) illustrated instructions on how to vote. 

13-17-204. VOTING MACHINES OR DEVICES TO BE EXHIBITED. A voting machine or 
device shall be on exhibition in the office of the election administrator of 
counties where such equipment is used and may be exhibited at other locations. 
The election administrator shall demonstrate the voting machine or device to 
any inquiring elector. 

13-17-205. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-17-206. ARRANGEMENT OF MACHINE BALLOT. The order and arrangement of 
ballots to be used with voting machines or devices shall be the same as paper 
ballots insofar as possible and shall be prescribed by the secretary of state 
before each election. 

13-17-207. REPEALED. Sec. 407, Ch. 571, L. 1979. 

Part 3 

Voting Procedure 

13-17-301. PLACEMENT OF EQUIPMENT -- TIME FOR USE. (1) The exterior of the 
voting machines or devices or the booths in which they are placed and every 
part of the polling place shall be in plain view of the election judges. 



83 VOTING MACHINES 13-17-306 

(2) An elector may not remain within the voting machine or device booth or 
compartment longer than is reasonably necessary to vote. If he refuses to 
leave, the election judges shall remove him. 

13-17-302. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-17-303. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-17-304. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-17-305. REQUEST TO USE PAPER BALLOTS. (l)(a) Where voting machines are 
used, an elector may request to vote by paper ballot instead of using the 
machine. The election judges shall provide the elector with a paper ballot 
when requested. 

(b) Where voting devices are used, the election administrator, with ap- 
proval of the governing body of the county if the election administrator is an 
appointed official, may provide paper ballots if the election administrator 
believes such ballots are necessary. However, if more than 5% of the electors 
voting in the last preceding general election voted using paper ballots, the 
election administrator shall provide paper ballots. The printing of paper 
ballots provided pursuant to this subsection is an allowable election cost 
under the provisions of 13-1-302. 

(2) Paper ballots shall be cast and counted by the election judges in the 
manner provided by law. 

(3) For the purposes of this section, "voting machine" means a mechanical 
apparatus which is used for voting by using levers which provide a tabulating 
system within the machine. 

13-17-306. USE OF SEPARATE PAPER BALLOTS FOR VOTING ON CERTAIN CANDIDATES 
OR ISSUES. Whenever a voting machine or device does not allow proper lockout or 
does not allow adequate space for the candidates for all offices or for all 
ballot issues, separate paper ballots may be used for some or all offices or 
ballot issues if written authorization is given to the election administrator 
by the secretary of state. 

13-17-307. REPEALED. Sec. 407, Ch. 571, L. 1979. 

Part 4 

Vote Count 

13-17-401 through 13-17-404. REPEALED. Sec. 407, Ch. 571, L. 1979. 



ELECTIONS 

CHAPTER 18 

ELECTRONIC VOTING SYSTEMS 

Part 1 

General Provisions 

(Sections 13-18-101 through 13-18-106 repealed. Sec. 407, Ch. 571, L. 1979) 

Part 2 
Procedure 
(Sections 13-18-201 through 13-18-210 repealed. Sec. 407, Ch. 571, L. 1979) 



8A 



CHAPTER 19 

MAIL BALLOT ELECTIONS 

Part 1 — General Provisions 



Section 

13-19-101. 

13-19-102. 

13-19-103. 

13-19-lOA. 



13- 
13- 



19- 
19- 



105. 
106. 



Statement of purpose. 

Definitions. 

General election laws to apply. 

Mail ballot elections not mandatory 

prohibited. 

Role of secretary of state. 

General requirements for mail ballot election 

Part 2 — Preelection Procedure 



when authorized- -when 



Section 

13-19-201. How election initiated. 

13-19-202. Initiation by governing body. 

13-19-203. Initiation by election administrator. 

13-19-20A. Objection of political subdivision. 

13-19-205. Written plan for conduct of election -- amendments 

procedures. 

13-19-206. Distributing materials to electors -- procedures. 

13-19-207. VHien materials to be mailed. 

Part 3 — Election Procedure 



approval 



Section 

13-19-301. Voting mail ballots. 

13-19-302. Proportional voting. 

13-19-303. Voting by elector when absent from place of residence during conduct 

of election. 
13-19-30A. Voting by nonregistered electors. 



85 MAIL BALLOT ELKCnC»iS 13-19-103 

13-19-305. Replacement ballots -- procedures. 

13-19-306. Returning marked ballots -- when -- where. 

13-19-307. Places of deposit. 

13-19-308. Disposition of ballots returned in person. 

13-19-309. Disposition of ballots returned by mail. 

13-19-310. Signature verification -- procedures. 

13-19-311. Valid ballots -- requirements. 

13-19-312. Procedure at close of voting. 

13-19-313. Notice to elector -- opportunity to resolve questions. 

13-19-31A. Resolving issues in question. 



Part 1 
General Provisions 



13-19-101. STATEMENT OF PURPOSE. The purpose of this chapter is to provide 
the option of conducting certain specified elections using a procedure called a 
"mail ballot election" and to provide the procedures therefor. The provisions 
of this chapter recognize that sound public policy concerning the conduct of 
elections often requires the balancing of various elements of the public 
interest that are sometimes in conflict. Among these factors are the public's 
interest in fair and accurate elections, the election of those who will govern 
or represent, and cost-effective administration of all functions of government, 
including the conduct of elections. The provisions of this chapter further 
recognize that when these and other factors are balanced, the conduct of 
elections my mail ballot is potentially the most desirable of the available 
options in certain circumstances. 

13-19-102. DEFINITKMS. As used in this chapter, the following definitions 
apply: 

(1) "Election day" is the date established by law on which a particular 
election would be held if that election were being conducted by means other 
than a mail ballot election. 

(2) "Mail ballot election" means any election that involves either can- 
didates or ballot issues and is conducted in compliance with the procedure 
specified in 13-19-106. 

(3) "Political subdivision" means a political subdivision of the state, 
including a school district. 

(A) "Return/verification envelope" means an envelope that contains a 
secrecy envelope and ballot and which is designed to: 

(a) allow election officials, upon examination of the outside of the 
envelope, to determine that the ballot is being submitted by someone who is in 
fact a qualified elector and who has not already voted; and 

(b) allow it to be used in the United States mail. 

(5) "Secrecy envelope" means an envelope used to contain the elector's 
ballot and that is designed to conceal the elector's vote and to prevent that 
elector's ballot from being distinguished from the ballots of other electors. 

13-19-103. GENERAL ELECTKM LAWS TO APPLY. All laws applicable to elec- 
tions when voting is not done by mail ballot and all penalties prescribed for 



13-19-104 KLKCTKWS 86 

violation of those laws apply to elections conducted by mail ballot to the 
extent they do not specifically conflict with the provisions of this chapter or 
are not otherwise provided for by this chapter. 

13-19-104. MAIL BALLOT ELKCTICWS NOT MANDATORY — WHEN AUTHORIZED - WHEN 
PROHIBITKD. (1) Conducting elections by mail ballot is only one option avail- 
able to local officials and nothing in this chapter mandates that the procedure 
be used. 

(2) The following elections may be conducted by mail ballot: 

(a) an election in a political subdivision required to hold annual elec- 
tions under 13-1-104(3); 

(b) an election in a city of the third class, as defined in 7-1-4111(3), if 
all of the candidates whose names will appear on the ballot are candidates for 
offices to be elected without party designation; 

(c) an election in a town as defined in 7-1-4111(4); 

(d) an election conducted under 7-13-2236 in an unincorporated area; and 

(e) a special election called by a local government unit for the sole 
purpose of submitting one or more ballot issues to its qualified electors if 
such special election is not held in conjunction with a statutorily scheduled 
election. 

(3) The following elections may not be conducted by mail ballot: 

(a) an election held for one of the purposes or at the time provided in 13- 
1-104(1) and 13-1-107(1); 

(b) an election held for one of the purposes or at the time provided in 13- 
1-104(2) and 13-1-107(2), except as specifically allowed by subsections (2)(b) 
and (2)(c) of this section; 

(c) an election being held under the provisions of the Montana Recall Act, 
in Title 2, chapter 16, part 6; 

(d) an election involving candidates for public office, except as specifi- 
cally allowed by subsection (2)(a) through (2)(c) of this section; and 

(e) a special election being held in conjunction with a statutorily sched- 
uled election. 

13-19-105. ROLE OF SECRETARY OF STATE. In addition to other powers and 
duties conveyed by law, the secretary of state, with advice from election 
administrators, shall: 

(1) prescribe the form of materials to be used in the conduct of mail 
ballot elections; 

(2) review written plans for the conduct of mail ballot elections as 
provided in 13-19-205; and 

(3) adopt rules consistent with this chapter to: 

(a) establish and maintain xiniformity in the conduct of mail ballot elec- 
tions; and 

(b) establish procedures for the conduct of mail ballot elections that: 
(i) prevent fraud; 

(ii) ensure the accurate handling and canvassing of mail ballots; and 
(iii) ensure that the secrecy of voted ballots is maintained. 

13-19-106. GENERAL REQUIREMENTS FOR MAIL BALLOT ELECTIMJ. A mail ballot 
election must be conducted substantially as follows: 

(1) Official ballots must be prepared and all other initial procedures 
followed as otherwise provided by law. 



87 MAIL BALLOT ELECTKMS 13-19-203 

(2) An official ballot must be mailed to every qualified elector of the 
political subdivision conducting the election. 

(3) The elector shall mark the ballot at home and place it in a secrecy 
envelope. 

(A) The elector shall then place the secrecy envelope containing his ballot 
in a return/verification envelope and shall return it by mailing it or deliver- 
ing it in person to a place of deposit designated by the election administrator 
so that it is received prior to a specified time on election day. 

(5) Once returned, election officials shall first qualify the submitted 
ballot by examining the return/verification envelope to determine whether it is 
submitted by a qualified elector who has not previously voted. 

(6) If the ballot so qualifies and is otherwise valid, officials shall then 
open the return/verification envelope and remove the secrecy envelope, which is 
then voted by depositing it unopened in an official ballot box. 

(7) After the close of polls on election day, voted ballots must be counted 
and canvassed as otherwise provided by law. 

Part 2 

Preelection Procedure 

13-19-201. HOW ELECTION INITIATED. A proposal to conduct an election under 
this chapter may be initiated by either the election administrator or the 
appropriate governing body as provided in 13-19-202 through 13-19-204. 

13-19-202. INITIATKMJ BY GOVERNING BODY. (1) A political subdivision may, 
by resolution of the governing body addressed to the election administrator, 
request that a particular election be conducted under the provisions of this 
chapter . 

(2) No later than 70 days before election day, the governing body shall 
transmit its request to the election administrator, who shall determine whether 
it is economically and administratively feasible to conduct the requested 
election by mail ballot. 

(3) Except as provided in 13-19-204, the decision to conduct an election 
under the provisions of this chapter is within the sole descretion of the 
election administrator. 

(4) Within 5 days after receiving a request, the election administrator 
shall respond in writing, stating that the request is either granted or denied 
for reasons specified. If granted, the election administrator shall prepare a 
plan as provided in 13-19-205. 

13-19-203. INITIATION BY ELECTKMI AMCENISTRATOR. (1) Even if no request 
has been received from the governing body concerned, the election administrator 
may conduct any election authorized by 13-19-104 under this chapter if, in his 
discretion, that would be the most economically and administratively feasible 
way of conducting the election in question. 

(2) If he decides to conduct an election pursuant to subsection (1), the 
election administrator shall prepare a written plan as provided in 13-19-205 
and forward a copy to the governing body concerned, together with a written 
statement informing it of his decision to conduct the election by mail ballot 
and the reasons therefor and the right of the governing body to object under 
13-19-204. 



13-19-204 ELECTIONS 88 



13-19-20A. OBJECnCW OF POLITICAL SUBDIVISION. (1) A political sub- 
division may, by resolution of the governing body, object to the conduct of 
one of its elections under this chapter. The resolution must include a state- 
ment of the reasons for the objection. 

(2) If such a resolution is filed with the election administrator no later 
than 55 days prior to election day, the election may not be conducted \inder 
this chapter. 

13-19-205. WRITTEN PLAN FOR CONDUCT OF ELECTION — AMEN»IENTS - APPROVAL 
PROCEDURES. (1) The election administrator shall prepare a written plan, 
including a timetable, for the conduct of the election and shall submit it to 
the secretary of state at least 60 days prior to the date set for the election. 

(2) The plan may be amended by the election administrator any time prior to 
the 35th day before election day by notifying the secretary of state in writing 
of any changes. 

(3) Within 5 days of receiving the plan and as soon as possible after 
receiving any amendments, the secretary of state shall approve, disapprove, or 
recommend changes to the plan or cimendments. 

(A) When the written plan has been approved, the election administrator 
shall proceed to conduct the election according to the approved plan. 

13-19-206. DISTRIBUTING MATERIALS TO ELECTORS — PROCEDURE. For each 
election conducted under this chapter, the election administrator shall: 

(1) mail a single packet to every qualified elector of the political 
subdivision conducting the election; 

(2) ensure that each packet contains only one each of the following: 

(a) an official ballot; 

(b) a secrecy envelope; 

(c) a return/ verification envelope; and 

(d) complete written instructions for voting and returning ballots; and 

(3) ensure that each packet is: 

(a) clearly marked on its face with the words "DO NOT FORWARD. RETURN TO 
SENDER. RETURN POSTAGE GUARANTEED."; 

(b) addressed to a single individual elector at the most current address 
available from the official registration records; and 

(c) deposited in the United States mail with sufficient prepaid postage for 
it to be delivered to the elector's address. 

13-19-207. WHEN MATERIALS TO BE NAILED. For any election conducted by 
mail, ballots must be mailed no sooner than the 25th day and no later than the 
15th day before election day. All ballots must be mailed the same day. 

Part 3 

Election procedure 

13-19-301. VOTING MAIL BALLOTS. (1) Upon receipt of his ballot, the 
elector may vote by: 

(a) marking the ballot in the manner specified; 

(b) placing the marked ballot in the secrecy envelope, free of any iden- 
tifying marks; 



89 MAIL BALLOT ELECTIONS 13-19-305 

(c) placing the secrecy envelope containing a single ballot in the retum/- 
verification envelope; 

(d) executing the affidavit printed on the return/verification envelope; 
and 

(e) returning the return/verification envelope with the secrecy envelope 
containing the ballot enclosed, as provided in 13-19-306. 

(2) For the purpose of this chapter, an official ballot is voted when, 
after the requirements of 13-19-310 and 13-19-311 have been satisfied, the 
return/verification envelope has been opened by election officials and the 
secrecy envelope containing the ballot has been deposited in the official 
ballot box. 

13-19-302. PROPORTIONAL VOTING. The election administrator shall provide a 
method for proportional voting in his written plan for an election conducted 
under this chapter that requires votes to be cast in proportion to ownership or 
any factor other than one vote per person. 

13-19-303. VOTING BY ELECTOR WHEN ABSENT ¥R(M PLACE OF RESIDENCE DURIMG 
C(»(DUCT OF ELECTIMJ. (1) A qualified elector who will be absent from the 
county during the time the election is being conducted may: 

(a) vote in person in the election administrator's office as soon as 
ballots are available and until noon the day before the ballots are scheduled 
to be mailed; or 

(b) make a written request, signed by the applicant and addressed to the 
election administrator, that the ballot be mailed to an address other than that 
which appears on the registration card. Written requests must be accepted 
until noon the day before the ballots are scheduled to be mailed. 

(2) Ballots mailed to electors pursuant to this section must be mailed the 
same day that all other ballots are mailed. 

13-19-30A. VOTING BY NONREGISTERED ELECTORS. (1) For any election being 
conducted under this chapter by a political subdivision that allows individuals 
to vote who are not registered electors, such an individual may vote by appear- 
ing in person at the election administrator's office and demonstrating that he 
possesses the qualifications which entitle him to vote. 

(2) An individual complying with subsection (1) before official ballots are 
available may leave a card with the election administrator containing his 
signature and the address to which his ballot is to be mailed. The signature 
provided must then be used for verification when the mail ballot is returned. 

(3) An individual complying with subsection (1) after official ballots are 
available and before the close of the polls on election day must be permitted 
to vote at that time. 

13-19-305. REPLACEMENT BALLOTS — PROCEDURES. (1) An elector may obtain a 
replacement ballot as provided in this section if his ballot is destroyed, 
spoiled, lost, or not received by the elector. 

(2) An elector seeking a replacement ballot shall sign a sworn statement 
stating that the ballot was either destroyed, spoiled, lost, or not received 
and shall present the statement to the election administrator no later than 8 
p.m. on election day. 

(3) Upon receiving the sworn statement, the election administrator shall 



13-19-306 ELECTIONS 90 

issue a replacement ballot to the elector. Each spoiled ballot must be return- 
ed before a new one may be issued. 

(A) The election administrator shall designate his office or a central 
location in the political subdivision in which the election is conducted as the 
single location for obtaining a replacement ballot. 

(5) A replacement ballot may also be issued pursuant to 13-19-313. 

(6) The election administrator shall keep a record of each replacement 
ballot issued. If he later determines that any elector to whom a replacement 
ballot has been issued has attempted to vote more than once, he shall im- 
mediately notify the county attorney and the secretary of state of each in- 
stance. 

13-19-306. RETURNIMG MARKED BALLOTS — WHEN — WHERE. (1) After complying 
with 13-19-301, an elector may return his ballot on or before election day by 
either: 

(a) depositing the return/verification envelope in the United States mail, 
with sufficient postage affixed; or 

(b) returning it in person to any place of deposit designated by the 
election administrator pursuant to 13-19-307. 

(2) In order to have his ballot counted, each elector must return it in 
such a manner that it is received prior to 8 p.m. on election day. 

13-19-307. PLACES OF DEPOSIT. (1) The election administrator shall 
designate his office and may designate one or more places in the political 
subdivision in which the election is being conducted as places of deposit where 
ballots may be returned in person by the elector. 

(2) Prior to election day, ballots may be returned to any designated place 
of deposit only during regular business hours. 

(3) On election day, each location designated as a place of deposit must be 
open as provided in 13-1-106, and ballots may be returned during those hours. 

(A) The election administrator may designate certain locations as election 
day places of deposit, and any location so designated shall function as a place 
of deposit only on election day. 

(5) The election administrator shall provide each designated place of 
deposit with an official ballot transport box secured as provided by law. 

13-19-308. DISPOSITION OF BALLOTS RETURNED IN PERSCMi. Ballots returned by 
the elector in person must be processed as follows: 

(1) If returned to the election administrator's office directly, the ballot 
must be processed in the same manner provided for ballots returned by mail 
except that, while the elector is present, officials shall: 

(a) verify the signature pursuant to 13-19-310; 

(b) resolve any questions as to the validity of the ballot; and 

(c) deposit the unopened secrecy envelope containing the ballot in the 
official ballot box. 

(2) If returned to a place of deposit other than the election ad- 
ministrator's office, the election official on location shall; 

(a) keep a log of the names of all electors from whom he receives ballots; 

(b) have the elector sign the log where his name has been entered; 

(c) while the elector is present, compare the signature on the return/veri- 
fication envelope with that entered in the log and resolve any discrepancies 
with the elector; 



91 MAIL BALLOT KLKCTICMS 13-19-311 

(d) deposit the unopened return/verification envelope in the sealed ballot 
transport box provided for that purpose; and 

(e) securely retain all ballots until they are transported to the election 
administrator's office. The transport boxes must then be opened and the 
ballots disposed of in the same manner provided for ballots returned by mail. 

13-19-309. DISPOSITION OF BALLOTS RETURNED BY MAIL. (1) Upon receipt of 
each return/verification envelope, election officials shall: 

(a) compare the name with the official register to determine that the 
person has not previously voted; 

(b) verify the signature on the affidavit in the manner provided by 13-19- 
310; 

(c) open the return/verification envelope and retain it as an official 
record; 

(d) remove and examine the secrecy envelope to determine if the ballot is 
valid pursuant to 13-19-311; 

(e) if the ballot is valid, record the name of the elector in the official 
register as having voted; and 

(f) deposit the unopened secrecy envelop containing the ballot in the 
official ballot box. 

(2) If at any point there is a question concerning a particular ballot, the 
election administrator may not deposit the ballot in question. The election 
administrator shall retain all materials relating to the questioned ballot 
until the question is resolved satisfactorily or the question is determined as 
provided in 13-19-31A. 

13-19-310. SIGNATURE VERIEICATICM — PROCEDURES. (1) The election ad- 
ministrator shall verify the signature of each elector by comparing the af- 
fidavit printed on the return/verification envelope to the signature on that 
elector's registration card or signature card provided under 13-19-30A. 

(2) If the election administrator is convinced that the individual signing 
the affidavit is the same as the one whose name appears on the registration 
card, he shall proceed to validate the ballot. 

(3) If the election administrator is not convinced that the individual 
signing the return/verification envelope is the same as the one whose name 
appears on the registration card, he may not validate the ballot but instead 
shall: 

(a) give notice to the elector as provided in 13-19-313; and 

(b) if the discrepancy is not rectified to the election administrator's 
satisfaction, present the unopened envelope and the registration card to the 
canvassing board for a determination. 

13-19-311. VALID BALLOTS — REQUIREMENTS. (1) Only valid ballots may be 
counted in an election conducted under the chapter. 

(2) For the purpose of this chapter, a ballot is valid only if: 

(a) it is sealed in the secrecy envelope and returned in the return/verifi- 
cation envelope; 

(b) the elector's signature on the affidavit on the return/verification 
envelope is verified pursuant to 13-19-310; and 

(c) it is received before 8 p.m. on election day. 

(3) A ballot is invalid if: 



13-19-312 KLECnOiS 92 

(a) more than one ballot is enclosed in a single return/verif ication or 
secrecy envelope; or 

(b) any identifying marks are placed on the ballot by the elector. 

13-19-312. PROCEDURE AT CLOSE OF VOTING. After the close of voting on 
election day, election officials shall: 

(1) open the official ballot boxes; 

(2) open each secrecy envelope, removing the ballot; and 

(3) proceed to count the votes as otherwise provided by law. 

13-19-313. NOTICE TO ELECTOR -- OPPORTUNITY TO RESOLVE QUESTIONS, (l) As 

soon as possible after receipt of an elector's return/verification envelope, 
the election administrator shall give notice to the elector, either by tele- 
phone or by first-class mail, if the election administrator: 

(a) is unable to verify the elector's signature under 13-19-310; or 

(b) has discovered a procedural mistake made by the elector that would 
invalidate his ballot under 13-19-311. 

(2) The election administrator shall inform the elector that he may appear 
in person at the election administrator's office prior to 8 p.m. on election 
day and verify the signature or correct the mistake. 

(3) Any elector so appearing must be permitted to: 

(a) verify his signature, after proof of identification, by affirming that 
the signature is in fact his or completing a new registration card containing 
his current signature; 

(b) correct any minor mistake if the correction would render the ballot 
valid; or 

(c) if necessary, request and receive a replacement ballot and vote it at 
that time. 

13-19-314. RESOLVING ISSUES IN QUESTION. Any questions concerning the 
validity of a ballot or signature must be resolved in the following manner: 

(1) If the election administrator is unable to resolve the is sue to his 
satisfaction, he shall give notice to the elector as provided in 13-19-313. 

(2) If the elector fails to appear or, if even after such an appearance, 
the issue is still not resolved to the election administrator's satisfaction, 
the election administrator shall present the issue for a determination to the 
board of judges appointed to count the ballots. 

(3) If the covinting board is vinable to resolve the issue to its satisfac- 
tion, it may not count the ballot in question. Instead, the election ad- 
ministrator shall present the issue to the board of canvassers for a determina- 
tion of the issue. 

(A) If the board of canvassers is unable to resolve the issue, the ballot 
must not be counted. 

CHAPTERS 20 THROUGH 24 

RESERVED 



93 ELECTIONS FOR FEDERAL OFFICE 13-25-103 

CHAPTER 25 

ELECTIONS FOR FEDERAL OFFICE 

Part 1 -- Presidential Elections 

Section 

13-25-101. Nomination of electors -- ballot. 

13-25-102. Election of electors. 

13-25-103. Returns -- lists of electors elected. 

13-25- lOA. Meeting and voting of electors. 

13-25-105. Lists of persons voted for. 

13-25-106. Compensation of electors. 

13-25-107. Vacancy in office of elector. 

Part 2 — Congressional Elections 

13-25-201. Election of United States senators and representatives. 

13-25-202. Vacancy in office of United States senator. 

13-25-203. Vacancy in office of United States representative. 

13-25-20A. Certificates issued by governor. 

13-25-205. Nominations for special election. 



Part 1 
Presidential Elections 



13-25-101. NOONATION OF ELECTORS — BALLOT. (1) Each political party 
qualified under 13-10-601 shall nominate presidential electors for this state 
and file certificates of nomination for these candidates with the secretary of 
state no later than 75 days before the general election, in the manner and 
number provided by law. 

(2) The secretary of state shall certify to the election administrator the 
names of the candidates for president and vice president of the several politi- 
cal parties, which shall be printed on the ballot. 

(3) The names of candidates for electors of president and vice president 
may not be printed upon the ballot. 

13-25-102. ELECTION OF ELECTORS. (1) On the Tuesday next after the first 
Monday of November in the year in which a president of the United States is to 
be elected, there shall be elected as many electors for president and vice 
president of the United States as are allocated to this state. 

(2) The votes cast for candidates for president and vice president of each 
political party shall be counted for the candidates for presidential electors 
of the political party whose names have been filed with the secretary of state. 

13-25-103. RETURNS — LISTS OF ELECTORS ELECTED. (1) The votes for can- 
didates for president and vice president shall be given, received, returned, 
and canvassed as the votes are given, returned, and canvassed for candidates 
for congress. 



13-25-104 ELECTIONS 94 

(2) The secretary of state shall prepare three lists of names of electors 
elected and affix the seal of the state to the lists. 

(3) The lists shall be signed by the governor and secretary of state and 
delivered by the latter to the college of electors at the hour of their meet- 
ing. 

13-25-104. MEETING AND VOTING OF ELECTORS. (1) The electors shall meet in 
Helena at 2 p.m. on the first Monday after the second Wednesday in December 
following their election. 

(2) The electors shall vote by separate ballots for one person for presi- 
dent and one for vice president of the United States. 

(3) The electors shall cast their ballots for the persons who received the 
highest nximber of votes for president and vice president of the United States, 
respectively, in the most recently conducted general election in the state of 
Montana . 

13-25-105. LISTS OF PERSONS VOTED FOR. The electors shall make lists of the 
persons voted for as president and vice president; indicate the number of votes 
for each; and certify, seal, and transmit the lists as prescribed by laws of 
the United States . 

13-25-106. CMtPENSATION OF ELECTORS. Electors shall receive the same pay 
and mileage allowed members of the legislature. Payments shall be certified by 
the secretary of state and paid by the state auditor from the state general 
fund. 

13-25-107. VACANCY IN OFFICE OF ELECTOR. If a vacancy occurs, the electors 
present shall elect a citizen of the state to fill the vacancy. 

Part 2 

Congressional Elections 

13-25-201. ELECTION OF UNITED STATES SENATORS AND REPRESENTATIVES. (1) 

United States senators and representatives shall be elected at the general 
election preceding commencement of the term to be filled. 

(2) Nominations and elections shall be as provided by law for governor. 

13-25-202. VACANCY IN OFFICE OF UNITED STATES SENATOR. (1) If a vacancy 
occurs in the office of United States senator, an election to fill the vacancy 
shall be held at the next general election. If the election is invalid or not 
held at that time, the election to fill the vacancy shall be held at the next 
succeeding general election. 

(2) The governor may make a temporary appointment to fill the vacancy until 
the election. 

13-25-203. VACANCY IN OFFICE OF UNITED STATES REPRESENTATIVE. (1) If a 

vacancy occurs in the office of United States representative, the governor 
shall immediately order an election to be held to fill the vacancy, except as 
provided in subsection (3). 

(2) The election to fill the unexpired term shall be held no less than 75 
or more than 90 days from the time the vacancy occurs, except that if the 
vacancy occurs 150 days or less before a primary election or between the 



COiVKNTKM TO RATITY AMKNIMKNTS 
95 TO UNITED STATES CONSITUTIMJ 13-26-102 

primary and general elections in odd-numbered years, the election shall be held 
with the primary or general election. 

(3) If the vacancy occurs between the primary and general election in even- 
numbered years, the candidate elected to the office for the succeeding full 
term shall immediately take office to fill the unexpired term. 

13-25-204. CERTTFICATES ISSUED BY GOVERNOR. Upon receipt of the report of 
the canvass required by 13-15-507, the governor shall send a certificate of 
election to each person elected. 

13-25-205. NOKINATIONS FOR SPECIAL ELECTICM. (1) When a special election is 
ordered to fill a vacancy in the office of United States senator or United 
States representative, each political party shall choose a candidate according 
to the rules of the party. Nominations by parties shall be made no later than 
75 days before the date set for the election. 

(2) Nominating petitions may be filed by independent candidates for the 
office up to 5:00 p.m. of the 75th day before the election. 

CHAPTER 26 

OMVENTIMJ TO RATIFY AMENDMENTS 
TO UNITED STATES OMISTITUTIWJ 

Part 1 — Ratification of Amendments 

Section 

13-26-101. Convention to be held. 

13-26-102. Delegates to constitutional convention. 

13-26-103. Nomination of delegates. 

13-26- lOA. Determination of election results. 

13-26-105. Ballot form. 

13-26-106. Time for convention of delegates. 

13-26-107. Operation of the convention. 

13-26-108. Compensation of delegates and officers. 

13-26- 109. Certificate of result -- transmission to secretary of state of United 

States. 

13-26-110. Qualifications of petitioners and electors. 

13-26-111. Federal acts to supersede state provisions concerning amendments. 



Part 1 
Ratification of Amendments 



13-26-101. CWJVENTION TO BE HELD. If congress proposes an amendment to the 
constitution of the United States to be ratified by state convention, a conven- 
tion shall be held. 

13-26-102. DELEGATES TO CCMSTTTUTIONAL CONVENTION. (1) The number of 
convention delegates shall be equal to the number of members in the legisla- 



13-26-103 ELECnCMJS 96 

ture. Each district shall have delegates equal to the number of members it is 
entitled to in the legislature. 

(2) Delegates shall be elected at the next primary or general election 
after congress has proposed the amendment or at a special election called by 
the governor. 

(3) Except as otherwise provided in this chapter, the election shall be in 
accordance with the laws for the election of members of the legislature. 

13-26-103. NOMINATION OF DELEGATES. (1) Nominations for the office of 
delegate shall be by petition signed by not less than 100 voters of the dis- 
trict. 

(2) Nominations shall be without political designation but shall be as "in 
favor of" or "opposed to" ratification of the proposed amendment. 

(3) Petitions and acceptances shall be filed not less than 75 days prior to 
the election. 

13-26-104. DETERMINATION OF ELECTION RESULTS. The results of the election 
are determined as follows: 

(1) The votes cast for each candidate "in favor of" ratification, the total 
votes cast for all candidates "in favor of" ratification, the votes cast for 
each candidate "opposed to" ratification, and the total votes cast for all 
candidates "opposed to" ratification shall be ascertained. 

(2) From the side receiving the greater number of votes, those candidates 
(equal in number to the number of delegates to be elected) receiving the 
highest number of votes are elected. 

13-26-105. BALLOT FORM. The official ballot form shall be prescribed by the 
secretary of state. 

13-26-106. TIME FOR CONVENTION OF DELEGATES. Delegates shall meet at the 
state capitol on the first Monday in the month following the election at 10 
a.m. and constitute a convention to act upon the proposed amendment. 

13-26-107. OPERATION OF THE CONVENTICMJ. A majority of the total number of 
delegates constitutes a quorum. The convention: 

(1) may choose a president, secretary, and other necessary officers; 

(2) may make rules governing the procedure of the convention; and 

(3) shall judge the qualifications and election of its members. 

13-26-108. COMPENSATION OF DELEGATES AND OFFICERS. Each delegate shall 
receive mileage and per diem as provided by law for members of the legislature. 
The secretary and other officers shall receive compensation fixed by the 
convention. 

13-26-109. CERTIFICATE OF RESULT -- TRANSMISSION TO SECRETAEY OF STATE OF 
UNITED STATES. When the convention has agreed by majority vote of delegates 
attending the convention, a certificate of the result shall be executed by the 
president and secretary and transmitted to the secretary of state of the United 
States. A duplicate of the certificate shall be filed with the secretary of 
state of Montana. 



97 BALLOT ISSUES 13-26-111 

13-26-110. QUALIFICATIONS OF PKTITIONKRS AND ELECTORS. Persons entitled to 
petition for nomination and vote at the election are determined by the laws on 
registration. 

13-26-111. FEDERAL ACTS TO SUPERSEDE STATE PROVISIONS CONCERNING AMEND- 
MENTS. If congress, by resolution or statute, prescribes how the convention 
shall be constituted and held, this chapter is inoperative, and the convention 
shall be constituted and held as congress directs. All state officers are 
directed to take action to constitute the convention as authorized by congress 
and act as if acting under state statute. 

CHAPTER 27 

BALLOT ISSUES 

Part 1 — General Provisions 

Section 

13-27-101. Establishment of initiative and referendum procedures. 

13-27-102. Who may petition. 

13-27-103. Sufficiency of signature. 

13-27-104. Time for filing. 

13-27-105. Effective date of initiative and referendvim issues. 

13-27-106. Violations -- penalties. 

Part 2 — Form of Petitions 

13-27-201. Form of petition generally. 

13-27-202. Recommendations -- approval of form required. 

13-27-203. Numbering of petitions. 

13-27-20A. Petition for the initiative. 

13-27-205. Petition for the referendum. 

13-27-206. Petition for initiative for constitutional convention. 

13-27-207. Petition for initiative for constitutional amendment. 

Part 3 — Submission and Processing of Petitions 

13-27-301. Submission of petition sheets -- withdrawal of signatures. 

13-27-302. Certification of signatures. 

13-27-303. Verification of signatures by county official -- allocating voters 

following reapportionment -- duplicate signatures. 
13-27-30A. County official to forward verified sheets. 
13-27-305. Retention of copies by county official. 
13-27-306. Challenge to signatures by elector of coxrnty. 

13-27-307. Consideration and tabulation of signatures by secretary of state. 
13-27-308. Certification of petition to governor. 
13-27-309. Repealed. Sec. 195, Ch. 575, L. 1981. 
13-27-310. Transmittal of issues referred by the legislature and ballot forms 

to the attorney general. 
13-27-311. Publication of proposed constitutional amendments. 

13-27-312. Review of petition by attorney general -- preparation of statements 
-- fiscal note. 



13-27-101 KLECnCWS 98 



13-27-313. Review of ballot forms by attorney general. 

13-27-314. Repealed. Sec. 19, Ch. AOO, L. 1979. 

13-27-315. Statements by attorney general on issues referred by legislature. 

13-27-316. Court review of attorney general statements. 

Part 4 — Voter Information Panqihlets 

13-27-AOl. Voter information pamphlet. 

13-27-402. Committees to prepare arguments for and against ballot issues. 

13-27-403. Appointment to committee. 

13-27-404. Committee chairman. 

13-27-405. Committee expenses. 

13-27-406. Limitation on length of argument -- time of filing. 

13-27-407. Rebuttal arguments. 

13-27-408. Rejection of improper arguments. 

13-27-409. Liability for contents of argxament. 

13-27-410. Printing and distribution of voter information pamphlet. 

Part 5 -- Election Procedure 

13-27-501. Secretary of state to certify ballot form -- abbreviated ballot. 

13-27-502. Preparation of ballots by county officials. 

13-27-503. Determination of result of election. 

13-27-504. Copy of approved issues to be sent to legislative council. 



Part 1 
General Provisions 



13-27-101. ESTABLISHMENT OF INITIATIVE AND REFEREta)l]M PROCEDURES. The right 
of the people to petition to enact laws by initiative, to petition to approve 
or reject by referendxim any act of the legislature except an appropriation of 
money, to call for a vote on whether there shall be a constitutional conven- 
tion, and to propose constitutional amendments by initiative as guaranteed by 
The Constitution of the State of Montana may be exercised through adherence to 
the procedures established in this chapter. 

13-27-102. WHO MAY PETITICMJ. A petition for the initiative, the referendum, 
or to call a constitutional convention may be signed only by a qualified 
elector of the state of Montana. 

13-27-103. SITFFICIENCY OF SIGNATURE. A signature may not be counted unless 
the elector has signed in substantially the same manner as on the voter regis- 
try card. If the elector is registered with a first and middle name, the use 
of an initial instead of either the first or middle name, but not both names, 
need not disqualify the signature. The signature may be counted so long as the 
signature, taken as a whole, bears sufficient similarity to the signature on 
the registry card as to provide reasonable certainty of its authenticity. 



99 BALLOT ISSUES 13-27-201 

13-27-104. TIME FOR FILING. Unless a specific time for filing is provided 
in the constitution, all petitions filed with the secretary of state, certified 
as provided by law, must be received before 5 p.m. of the second Friday of the 
fourth month prior to the election at which they are to be voted upon by the 
people. 

13-27-105. EFFECTIVE DATE OF INITIATIVE AND REFERENDUM ISSUES. (1) Unless 
the petition placing an initiative issue on the ballot states otherwise, an 
initiative issue, other than a constitutional amendment, approved by the people 
is effective on October 1 following approval. If the issue delegates rulemak- 
ing authority, it is effective no sooner than October 1 following approval. 

(2) A constitutional amendment proposed by initiative or by the legislature 
and approved by the people is effective on July 1 following approval unless the 
amendment provides otherwise. 

(3) Unless specifically provided by the legislature in an act referred by 
it to the people or until suspended by a petition signed by at least 15% of the 
qualified electors in a majority of the legislative representative districts, 
an act referred to the people is in effect as provided by law until it is 
approved or rejected at the election. An act that is rejected is repealed 
effective the date the result of the canvass is filed by the secretary of state 
under 13-27-503. An act referred to the people that was in effect at the time 
of the election and is approved by the people remains in effect. An act that 
was suspended by a petition and is approved by the people is effective the date 
the result of the canvass is filed by the secretary of state under 13-27-503. 
An act referred by the legislature that contains an effective date following 
the election becomes effective on that date if approved by the people. An act 
that provides no effective date and whose substantive provisions were delayed 
by the legislature pending approval at an election and that is approved is 
effective October 1 following the election. 

13-27-106. VIOLATKMS — PENALTIES. A person who knowingly makes a false 
entry upon a petition or affidavit required by this chapter or who knowingly 
signs a petition to place the same issue on the ballot at the same election 
more than once is guilty of unsworn falsification or tampering with public 
records or information, as appropriate, and is pxmishable as provided in 45-7- 
203 or 45-7-208, as applicable. 

Part 2 

Form of Petitions 

13-27-201. FORM OF PETITIMJ GENERALLY. (1) A petition for the initiative, 
the referendum, or to call a constitutional convention must be substantially in 
the form provided by this chapter. Clerical or technical errors that do not 
interfere with the ability to judge the sufficiency of signatures on the 
petition do not render a petition void. 

(2) Petition sheets may not exceed 8 1/2 x 14 inches in size. Separate 
sheets of a petition may be fastened in sections of not more than 25 sheets. 
Near the top of each sheet containing signature lines must be printed the title 
of the statute or constitutional amendment proposed or the measure to be 
referred or a statement that the petition is for the purpose of calling a 
constitutional convention. If signature lines are printed on both the front and 



13-27-202 ELECTIONS 100 

back of a petition sheet, the information required above must appear on both 
the front and back of the sheet. The complete text of the measure proposed or 
referred must be attached to or contained within each signature sheet if sheets 
are circulated separately. The text of the measure must be in the bill form 
provided in the most recent issue of the bill drafting manual furnished by the 
legislative council. If sheets are circulated in sections, the complete text of 
the measure must be attached to each section. 

13-27-202. RECOMMENDATIONS -- APPROVAL OF FORM REQUIRED, (l) Before 
submission of a sample sheet to the secretary of state pursuant to subsection 
(3), the following requirements must be fulfilled: 

(a) The text of the proposed measure must be submitted to the legislative 
council for review. 

(b) The council staff shall review the text for clarity, consistency, and 
any other factors the council staff considers when drafting proposed legisla- 
tion. 

(c) Within 14 days after submission of the text, the council staff shall 
make to the person submitting the text written recommendations for changes in 
the text or a statement that no changes are recommended. 

(d) The person submitting the text shall consider any such recommendations 
and respond in writing to the council, accepting, rejecting, or modifying each 
of the recommended changes. If no changes are recommended, no response is 
required. 

(2) The legislative council shall furnish a copy of the correspondence 
provided for in subsection (1) to the secretary of state, who shall make a copy 
thereof available to any person upon request. 

(3) Before a petition may be circulated for signatures, a sample sheet 
containing the text of the proposed measure must be submitted to the secretary 
of state in the form in which it will be circulated. The sample petition may 
not be submitted to the secretary of state more than 1 year prior to the final 
date for filing the signed petition with the secretary of state. The secretary 
of state shall refer a copy of the petition sheet to the attorney general for 
his approval. The secretary of state and attorney general must each review the 
petition for sufficiency as to form and approve or reject the form of the 
petition, stating the reasons for rejection, if any. 

(4) The secretary of state shall review the comments and statements of the 
attorney general received pursuant to 13-27-312 and make a final decision as to 
the approval or rejection of the form of the petition. The secretary of state 
shall send written notice to the person who submitted the petition sheet of the 
approval within 28 days after submission of the petition sheet. The secretary 
of state shall send written notice if the petition has been rejected together 
with reasons for rejection within 14 days after submission of the petition 
sheet . 

13-27-203. NUMBERING OF PETITIONS. The secretary of state shall serially 
number all submitted petitions that are approved as to form continuously from 
year to year. The numbering system shall distinguish the different types of 
petitions received and include provisions for numbering measures referred to 
the people by the legislature. 



101 BALLOT ISSUES 13-27-205 

13-27-204. PETITICMI FOR THE INITIATIVE. (1) The following is substantially 
the form for a petition calling for a vote to enact a law by the initiative: 

PETITION TO PLACE 

INITIATIVE NO. ON 

THE ELECTION BALLOT 

(a) If 5% of the voters in each of 3A legislative representative districts 
sign this petition and the total number of voters signing this petition is 

, this measure will appear on the next general election ballot. If a 

majority of voters vote for this measure at that election, it will become law. 

(b) We, the undersigned Montana voters, propose that the secretary of state 
place the following measure on the , 19..., general election ballot: 

(Title of measure written pursuant to 13-27-312) 
(Statement of implication written pursuant to 13-27-312) 

(c) Voters are urged to read the complete text of the measure, which 
appears (on the reverse side of, attached to, etc., as applicable) on this 
sheet. A signature on this petition is only to put the measure on the ballot 
and does not necessarily mean the signer agrees with the measure. 

(d) 

WARNING 

A person who purposefully signs a name other than his/her own to this 
petition or who signs more than once for the same issue at one election or 
signs when not a legally registered Montana voter is subject to a$500 fine, 6 
months in jail, or both. 

(e) Each person must sign his/her name and address in substantially the 
same manner as on his/her voter registry card or the signature will not be 
counted. 

(2) Numbered lines shall follow the above heading. Each numbered line shall 
contain spaces for the signature, post-office address, legislative representa- 
tive district number, and printed last name of the signer. 

13-27-205. PETITION FOR THE REFERENDUM. (1) The following is substantially 
the form for a petition calling for approval or rejection of an act of the 
legislature by the referendum: 

PETITION TO PLACE REFERENDUM NO. 

ON THE ELECTION BALLOT 

(a) If 5% of the voters in each of 34 legislative representative districts 
sign this petition and the total number of voters signing the petition is . . . . , 
Senate (House) Bill Number .... will appear on the next general election 
ballot. If a majority of voters vote for this measure at that election it will 
become law . 

(b) We, the undersigned Montana voters, propose that the secretary of state 
place the following Senate (House) Bill Number . . . . , passed by the legislature 
on on the next general election ballot: 

(Title of referendum written pursuant to 13-27-312) 



13-27-206 ELECTIONS 102 

(Statement of implication written pursuant to 13-27-312) 

(c) Voters are urged to read the complete text of the measure, which 
appears (on the reverse side of, attached to, etc., as applicable) on this 
sheet. A signature on this petition is only to put the measure on the ballot 
and does not necessarily mean the signer agrees with the measure. 

(d) 

WARNING 

A person who purposefully signs a name other than his/her own to this 
petition or who signs more than once for the same issue at one election or 
signs when not a legally registered Montana voter is subject to a $500 fine, 6 
months in jail, or both. 

(e) Each person must sign his/her name and address in substantially the 
same manner as on his/her voter registry card, or the signature will not be 
coimted. 

(2) Nvimbered lines shall follow the above heading. Each nvunbered line shall 
contain spaces for the signature, post-office address, legislative representa- 
tive district number, and printed last name of the signer. 

13-27-206. PETITKM FOR INITIATIVE FOR C(»JSTITUTIONAL CONVENTKM. (1) The 

following is substantially the form for a petition to direct the secretary of 
state to submit to the qualified voters the question of whether there shall be 
a constitutional convention: 

PETITION TO PLACE 

INITIATIVE NO. , CALLING FOR 

A CONSTITUTIONAL CONVENTION, ON 
THE ELECTION BALLOT 

(a) If 10% of the voters in each of AO legislative districts sign this 

petition and the total number of voters signing this petition is , the 

question of whether to have a constitutional convention will appear on the next 
general election ballot. If a majority of voters vote for the constitutional 
convention the legislature will call for a constitutional convention at its 
next session. 

(b) We, the undersigned Montana voters, propose that the secretary of state 

place the question of whether to hold a constitutional convention on the 

..., 19..., general election ballot: 

(Title of the initiative written pursuant to 13-27-312) 
(Statement of implication written pursuant to 13-27-312) 

(c) A signature on this petition is only to put the call for a constitu- 
tional convention on the ballot and does not necessarily mean the signer is in 
favor of calling a constitutional convention. 

(d) 

WARNING 

A person who purposefully signs a name other than his/her own to this 
petition or who signs more than once for the same issue at one election or 



103 BALLOT ISSUES 13-27-207 

signs when not a legally registered Montana voter is subject to a $500 fine or 
6 months in jail, or both. 

(e) Each person must sign his/her name and address in substantially the 
same manner as on his/her voter registry card, or the signature will not be 
counted. 

(2) Numbered lines shall follow the above heading. Each numbered line shall 
also contain spaces for the signature, post-office address, legislative repre- 
sentative district number, and printed last name of the signer. 

13-27-207. PETITKMJ FOR INITIATTVK FOR CONSTITDTIONAL AMENDMENT. (1) The 

following is substantially the form for a petition for the initiative to amend 
the constitution: 

PETITION TO PLACE CONSTITUTIONAL 

AMENDMENT NO. ON 

THE ELECTION BALLOT 

(a) If 10% of the voters in each of AO legislative districts sign this 

petition and the total number of voters signing the petition is , this 

constitutional amendment will appear on the next general election ballot. If a 
majority of voters vote for this amendment at that election, it will become 
part of the constitution. 

(b) We, the undersigned Montana voters, propose that the secretary of state 

place the following constitutional amendment on the , 19..., general 

election ballot: 

(Title of the proposed contitutional amendment 

written pursuant to 13-27-312) 

(Statement of implication written pursuant to 13-27-312) 

(c) Voters are urged to read the complete text of the measure, which 
appears (on the reverse side of, attached to, etc., as applicable) on this 
sheet. A signature on this petition is only to put the constitutional amendment 
on the ballot and does not necessarily mean the signer agrees with the amend- 
ment. 

(d) 

WARNING 

A person who purposefully signs a name other than his/her own to this 
petition or who signs more than once for the same issue at one election or 
signs when not a legally registered Montana voter is subject to a $500 fine, 6 
months in jail, or both. 

(e) Each person must sign his/her name and address in substantially the 
same manner as on his/her voter registry card or the signature will not be 
counted . 

(2) Numbered lines shall follow the above heading. Each numbered line shall 
contain spaces for the signature, post-office address, legislative representa- 
tive district number, and printed last neime of the signer. 



13-27-301 ELECTIONS 104 

Part 3 
Submission and Processing of Petitions 

13-27-301. SUBMISSION OF PETITION SHEETS — WITHDRAWAL OF SIGNATURES. (1) 

Signed sheets or sections of petitions shall be submitted to the official 
responsible for registration of electors in the county in which the signatures 
were obtained no sooner than 9 months and no later than 2 weeks before the 
final date for filing the petition with the secretary of state. 

(2) Signatures may be withdrawn from a petition for constitutional amend- 
ment, constitutional convention, initiative, or referendum up to the time of 
final submission of petition sheets as provided in 13-27-301. The secretary of 
state shall prescribe the form to be used by an elector desiring to have his 
signature withdrawn from a petition. 

13-27-302. CERTIFICATION OF SIGNATURES. An affidavit, in substantially the 
following form, shall be attached to each sheet or section submitted to the 
county official: 

1, (Name of person who circulated this petition), affirm, or being first 
sworn, depose and say: that I circulated or assisted in circulating the peti- 
tion to which this affidavit is attached and I believe the signatures thereon 
are genuine, are the signatures of the persons whose names they purport to be, 
are the signatures of Montana electors who are registered at the address 
following their signature, and that the signers knew the contents of the 
petition before signing the same. 

(Signature of petition circulator) 

(Address of petition circulator) 
Subscribed and sworn to before me this .... day of , 19... 



Seal 



(Person authorized to take oaths) 



(Title or notarial information) 



13-27-303. VERIFICATION OF SIQiATURES BY COUNTY OFFICIAL — ALLOCATING 
VOTERS FOLLOWING REAPPORTIONMENT -- DUPLICATE SIGNATURES. (1) Except as 
required by 13-27-104, within A weeks after receiving the sheets or sections of 
a petition, the county official shall check the names of all signers to verify 
they are registered electors of the county. In addition, the official shall 
randomly select signatures on each sheet or section and compare them with the 
signatures of the electors as they appear in the registration records of the 
office. If all the randomly selected signatures appear to be genuine, the 
number of signatures of registered electors on the sheet or section may be 
certified to the secretary of state without further comparison of signatures. 
If any of the randomly selected signatures do not appear to be genuine, all 



105 BALLOT ISSUES 13-27-306 

signatures on that sheet or section must be compared with the signatures in the 
registration records of the office. 

(2) For the purpose of allocating the signatures of voters among the 
several legislative representative distriqts of the state as required to 
certify a petition for a ballot issue under the provisions of this chapter 
following the filing of a districting and apportionment plan under 5-1-111 and 
before members of the house of representatives have been elected and qualified 
under the plan, the legislative representative districts among which the 
signatures must be allocated must be those in existence when the plan was 
filed. 

(3) Upon discovery of fraudulent signatures or duplicate signatures of an 
elector on any one issue, the election administrator may submit the name of the 
elector or the petition circulator, or both, to the county attorney to be 
investigated under the provisions of 13-27-106 and 13-35-207. 

13-27-304. COUNTY OFFICIAL TO FORWARD VERIFIED SHEETS. The county official 
verifying the number of registered electors signing the petition shall forward 
it to the secretary of state by certified mail with a certificate in substan- 
tially the following form attached: 

To the Honorable , Secretary of State of the state of Montana: 

I, , (title) of the County of , certify that I have 

examined the attached (section containing .... sheets) or (.... sheets) of the 
petition for (referendum, initiative, constitutional convention, or constitu- 
tional amendment) No in the manner prescribed by law; and I believe that 

.... (number) signatures in Legislative Representative District No 

(repeat for each district included in sheet or section) are valid; and I 
further certify that the affidavit of the circulator of the (sheet) (section) 
of the petition is attached and the post-office address and legislative repre- 
sentative district number is completed for each valid signature. 

Signed: (Date) (Signature) 

I 

Seal (Title) 

13-27-305. RETENTION OF COPIES BY COUNTY OFFICIAL. The county official 
certifying the sheets or sections of a petition shall keep a copy of the sheets 
lor sections certified in the official files of his office. The copies may be 
' destroyed 3 months after the date of the election specified in the petition 
unless a court action is pending on the sufficiency of the petition. 

13-27-306. CHALLENGE TO SIOJATURES BY ELECTOR OF COUNTY. A registered 
elector of a county having reason to believe that signatures on a petition that 
■were not among those actually compared with signatures in the registration 
' records of the county are not genuine may file a sworn statement or affirmation 
of his belief and request for comparison of those signatures he believes are 
j not genuine with the county official certifying the sheet or section of the 
petition. If any of the challenged signatures are not genuine, the county 
official must compare all signatures on that sheet or section and issue an 
amended certificate to the secretary of state, giving the correct number of 
valid signatures, on or before the deadline, as provided for in 13-27-lOA, for 
filing in the office of the secretary of state. 



13-27-307 ELECTIONS 106 

13-27-307. CONSIDERATION AND TABULATION OF SIGNATURES BY SECRETARY OF 
STATE. (1) The secretary of state shall consider and tabulate only such signa- 
tures on petitions as are certified by the proper county official, and each 
such certificate is prima facie evidence of the facts stated therein. However, 
the secretary of state may consider and tabulate any signature not certified by 
the county official that is certified by a notary public of the county in which 
the signer resides to be the genuine signature of an elector legally qualified 
to sign the petition. 

(2) The official certificate of the notary public for any signature not 
certified as valid by the county official shall be in substantially the follow- 
ing form: 

State of Montana ) 

) ss. 
County of ) 

I, (name), a duly qualified and acting notary public in and for the 

above-named county and state, do hereby certify that I am personally acquainted 
with each of the following-named electors whose signatures are affixed to the 
annexed (petition) (copy of a petition) and I know of my own knowledge that 
they are registered electors of the state of Montana and of the county and 
legislative district written after their naimes in the petition and that their 
post-office addresses are correctly stated therein. 
(Names of such electors) 

In testimony whereof, I have hereunto set my hand and official seal this 

.... day of , 19. . . 

(Signature) 

Seal (Notarial information) 

13-27-308. CERTIFICATION OF PETITION TO GOVERNOR. When sheets or sections 
of a petition for referendum, initiative, constitutional convention, or con- 
stitutional amendment containing a sufficient number of signatures have been 
filed with the secretary of state within the time required by the constitution 
or by law, he shall immediately certify to the governor that the completed 
petition has been officially filed. 

13-27-309. REPEALED. Sec. 195, Ch. 575, L. 1981. 

13-27-310. TRANSMITTAL OF ISSUES REFERRED BY THE LEGISLATURE AND BALLOT 
FORMS TO THE ATTORNEY GENERAL. (1) The secretary of state shall transmit a copy 
of the form in which a ballot issue proposed by petition will appear on the 
ballot to the attorney general on the same day the completed petition is 
certified to the governor. 

(2) The secretary of state shall transmit a copy of an act referred to the 
people or a constitutional amendment proposed by the legislature and a copy of 
the form in which the issue will appear on the ballot to the attorney general 
no later than 6 months before the election at which the issue will be voted on 
by the people. 

(3) If the ballot form is not approved by the attorney general pursuant to 
13-27-313, the secretary of state shall immediately submit a new ballot form to 
the attorney general. 



107 BALLOT ISSUES 13-27-312 

13-27-311. PUBLICATION OF PROPOSED OMiSTITUTIONAL AMENWffiNTS. (1) If a 

proposed constitutional amendment or amendments are submitted to the people, 
the secretary of state shall have the proposed amendment or amendments pub- 
lished in full twice each month for 2 months previous to the election at which 
they are to be voted upon by the people, in not less than one newspaper of 
general circulation in each county. 

(2) The secretary of state may arrange for newspaper, radio, or television 
publication of proposed constitutional amendments in each county. A summary of 
the amendment as provided by the attorney general, as described in 13-27-312 or 
13-27-315, would suffice for the publication required by this section and 
should be made at least twice each month for 2 months previous to the election. 

13-27-312. REVIEW OF PETITKMJ BY ATTORNEY GENERAL -- PREPARATIWJ OF STATE- 
MENTS -- FISCAL NOTE. (1) Upon receipt of a petition from the office of the 
secretary of state pursuant to 13-27-202, the attorney general shall examine 
the petition as to form and, if the proposed ballot issue has an effect on the 
revenues, expenditures, or the fiscal liability of the state, shall order a 
fiscal note incorporating an estimate of such effect, the substance of which 
must substantially comply with the provisions of 5-4-205. The budget director, 
in cooperation with the agency or agencies affected by the petition, is respon- 
sible for preparing the fiscal note and shall return it within 6 days unless 
the attorney general, for good cause shown, extends the time for completing the 
fiscal note. If the petition form is approved, the attorney general shall 
endeavor to seek out parties on both sides of the issue and obtain their 
advice. The attorney general may, if he deems it necessary, appoint a five- 
member committee to recommend the statement of purpose and the statement of the 
implications of the measure. The committee shall consist of two persons recom- 
mended by the person filing the petition, two persons known to oppose the 
easure, and one representative of the attorney general's office who is the 
chairman. The committee shall, within lA days of appointment, meet and recom- 
mend by a vote of a majority of the committee: 

(a) a statement, not to exceed 100 words, explaining the purpose of the 
measure; and 

(b) statements, not to exceed 25 words each, explaining the implications of 
j a vote for and a vote against the measure. 

(2) The attorney general may accept, reject, or modify the statements 
recommended by the committee. If the committee is unable to recommend one or 
both statements, the attorney general shall prepare the statements. 

(3) The attorney general shall prepare a fiscal statement of no more than 
50 words if a fiscal note was prepared for the proposed ballot issue, such 

i statement to be used on the petition and ballot if the measure is placed on the 
ballot. 

(4) The statement of purpose and the statements of implication must express 
the true and impartial explanation of the proposed ballot issue in plain, 
easily understood language and may not be arguments or written so as to create 
prejudice for or against the measure. 

(5) The statement of purpose prepared pursuant to subsection (I) or (2), 
unless altered by a court under 13-27-316, is the petition title for the 
measure circulated by the petition and the ballot title if the measure is 
placed on the ballot. 



13-27-313 ELECTICMS 108 

(6) The statements of implication shall be placed beside the diagram 
provided for marking of the ballot in a manner similar to the following ex- 
ample: 



□ 



FOR extending the right to vote to persons 18 years of age 



AGAINST extending the right to vote to persons 18 years of age 



(7) If the petition is rejected as to form, the attorney general shall 
forward his comments to the secretary of state within 10 days after receipt of 
the petition by the attorney general. If the petition is approved as to form, 
the attorney general shall forward the statement of purpose, the statements of 
implication, and the fiscal statement if applicable to the secretary of state 
within 21 days after receipt of the petition by the attorney general. 

13-27-313. REVIEW OF BALLOT FORMS BY ATTORNEY GENERAL. The attorney general 
shall examine each ballot form submitted to his office pursuant to 13-27-310 
and within 20 days of receipt of the ballot form shall notify the secretary of 
state of his approval or rejection of the ballot form. If the ballot form is 
rejected, the attorney general shall approve or reject a new ballot form 
submitted by the secretary of state pursuant to 13-27-310(3) within 5 days of 
receiving the new form. 

13-27-31A. REPEALED. Sec. 19, Ch. AOO, L. 1979. 

13-27-315. STATEMENTS BY ATTORNEY GENERAL ON ISSUES REFERRED BY LEGISLA- 
TURE. (1) Upon receipt of a copy of a ballot form under 13-27-310(2) for an 
issue proposed by the legislature, the attorney general shall order a fiscal 
note as provided in 13-27-312(1) if the issue has an effect on the revenues, 
expenditures, or the fiscal liability of the state. At the same time the 
explanatory statement is prepared under subsection (2), the attorney general 
shall prepare a fiscal statement of no more than 50 words to be forwarded to 
the secretary of state at the same time as the explanatory statement. 

(2) At the same time the attorney general, pursuant to 13-27-313, informs 
the secretary of state of the approval or rejection of a ballot form for an 
issue proposed by the legislature, the attorney general shall forward to the 
secretary of state a statement, not exceeding 100 words, expressing a true and 
impartial explanation of the purpose of the measure in plain, easily understood 
language. The statement may not be an argument and may not be written to create 
a prejudice for or against the issue. The statement prepared under this 
section is known as the attorney general's explanatory statement. 

(3) If statements of the implication of a vote for or against a ballot 
issue have not been provided by the legislature, the attorney general shall 
prepare the statements. Requirements for statements of implication for ballot 
issues referred by the legislature are the same as those provided in 13-27-312 
for other ballot issues. Statements of implication prepared by the attorney 
general must be returned to the secretary of state no later than the time 
specified for approval of the ballot form. 

13-27-316. COURT REVIEW OF ATTORNEY GENERAL STATEMENTS. (1) If the pro- 
ponents of a ballot measure believe that the statement of purpose, the state- 



109 BALLOT ISSUES 13-27-402 

ments of implication of a vote, or the fiscal statement formulated by the 
attorney general pursuant to 13-27-312 do not satisfy the requirements of 13- 
27-312, they may, within 10 days of receipt of the notice from the secretary of 
state provided for in 13-27-202, file an action in the district court in and 
for the county of Lewis and Clark challenging the adequacy of the statement and 
requesting the court to alter the statement. 

(2) If the opponents of a ballot measure believe that the statement of 
purpose, the statements of implication of a vote, or the fiscal statement 
formulated by the attorney general pursuant to 13-27-312 do not satisfy the 
requirements of 13-27-312, they may, within 10 days of the date of certifica- 
tion to the governor that the completed petition has been officially filed, 
file an action in the district court in and for the county of Lewis and Clark 
challenging the adequacy of the statement and requesting the court to alter the 
statement. 

(3) (a) Notice shall be served upon the secretary of state and upon the 
attorney general. The action takes precedence over other cases and matters in 
the district court. The court shall examine the proposed measure and the 
challenged statement and shall as soon as possible render a decision and 
certify to the secretary of state a statement which the court determines will 
meet the requirements of 13-27-312. 

(b) A statement certified by the court shall be placed on the petition for 
circulation and on the official ballot. 

(A) A copy of the petition in final form must be filed in the office of the 
secretary of state by the proponents. 

(5) Any party may appeal the order of the district court to the Montana 
supreme court by filing a notice of appeal within 5 days of the date of the 
order of the district court. 

Part 4 

Voter Information Panqihlets 

13-27-401. VOTER INFORMATICS PAMPHLET- (1) The secretary of state shall 
prepare for printing a voter information pamphlet containing the following 
information for each ballot issue to be voted on at an election, as applicable: 

(a) ballot title, fiscal statement if applicable, and complete text of the 
issue; 

(b) the form in which the issue will appear on the ballot; 

(c) arguments advocating approval and rejection of the issue; and 

(d) rebuttal arguments. 

(2) The pamphlet shall also contain a notice advising the recipient where 
additional copies of the pamphlet may be obtained. 

(3) Whenever more than one ballot issue is to be voted on at a single 
election, the secretary of state may publish a single pamphlet for all of the 
ballot issues. The secretary of state may arrange the information in the order 
which seems most appropriate, but the information for all issues in the pamph- 
let shall be presented in the same order. 

13-27-402. COMMITTEES TO PREPARE ARGUMENTS FOR AND AGAINST BALLOT ISSUES. 

(l) The arguments advocating approval or rejection of the ballot issue and 
rebuttal arguments shall be submitted to the secretary of state by committees 
appointed as provided in this section. 



13-27-403 ELECTIONS 110 

(2) The following committees shall be composed of one senator known to 
favor the measure, appointed by the president of the senate; one representative 
known to favor the measure, appointed by the speaker of the house of represen- 
tatives; and one individual who need not be a member of the legislature, 
appointed by the first two members: 

(a) the committee advocating approval of an act referred to the people or 
of a constitutional amendment proposed by the legislature; or 

(b) the committee advocating approval of an act referred to the people by 
referendum petition. 

(3) The committee advocating rejection of an act referred to the people or 
of a constitutional amendment proposed by the legislature shall be composed of 
one senator appointed by the president of the senate; one representative 
appointed by the speaker of the house of representatives; and one individual 
who need not be a member of the legislature, appointed by the first two mem- 
bers. VThenever possible, the members shall be known to have opposed the issue. 

(4) The following shall be three-member committees and shall be appointed 
by the person submitting the petition to the secretary of state under the 
provisions of 13-27-202: 

(a) the committee advocating approval of a ballot issue proposed by any 
type of initiative petition; and 

(b) the committee advocating rejection of any ballot issue that is a 
legislative act referred to the people by referendum petition. 

(5) A committee advocating rejection of a ballot issue proposed by any type 
of initiative petition shall be composed of five members. The governor, 
attorney general, president of the senate, and speaker of the house of repre- 
sentatives shall each appoint one member, and the fifth member shall be ap- 
pointed by the first four members. All members shall be known to favor rejec- 
tion of the issue. 

(6) No person may be required to serve on any conmiittee under this section, 
and the person making an appointment must have written acceptance of appoint- 
ment from the appointee. 

13-27-A03. APPOINTMENT TO CCMIITTEE. (1) Appointments to committees ad- 
vocating approval or rejection of an act referred to the people or a constitu- 
tional amendment proposed by the legislature shall be made no later than 6 
months before the election at which the ballot issue will be voted on by the 
people. 

(2) Appointments to committees advocating approval or rejection of a ballot 
measure referred to the people by referendum petition or proposed by any type 
of initiative petition shall be made no later than 30 days after the measure is 
approved for circulaton by the secretary of state. All persons responsible for 
appointing members to the committee shall submit to the secretary of state the 
names and addresses of the appointees no later then the date set by this 
subsection. Such submission must include the written acceptance of appointment 
from each appointee required by section 13-27-402(6). 

(3) All appointees to a committee pursuant to subsection (1) must be 
notified by the secretary of state by certified mail, with return receipt 
requested, no later than 5 days after the deadline set for appointment of 
committee members, of the deadlines for submission of the committee's argu- 
ments . 

(4) All appointees to a committee pursuant to subsection (2) must be 
notified by the secretary of state by certified mail, with return receipt 



Ill BALLOT ISSUES 13-27-408 

requested, no later than 35 days after the petition has been approved for 
circulation, of the deadlines for submission of the committee's arguments. 

(5) Committees appointed under subsections (2)(b), (4), and (5) of 13-27- 
A02 must be vacated and have no further obligation if the ballot measure for 
which they were appointed fails to receive sufficient signatures to place it on 
the ballot. The secretary of state shall notify the committee members of the 
failure of a ballot measure to receive sufficient signatures no later than 3 
days after the filing deadline set in 13-27-lOA. 

13-27-404. COMMITTEE CHAERMAN. The appointee of the president of the senate 
is the chairman of any committee to which that officer makes an appointment. 
The appointing authority for other committees shall name a chairman at the time 
the appointments are made. 

13-27-405. CamiTTEE EXPENSES. Each committee is entitled to receive funds 
for the preparation of arguments and expenses of members not to exceed $100 for 
a three-member committee and $200 for a five-member committee. Itemized claims 
for actual expenses incurred, approved by a majority of the committee, shall be 
submitted to the secretary of state for payment from funds appropriated for 
that purpose. 

13-27-406. LIMITATION ON LENGTH OF ARGUMENT — TIME OF FILING. An argument 
advocating approval or rejection of a ballot issue is limited to 500 words and 
shall be filed, in typewritten form, with the secretary of state no later than 
85 days before the election at which the issue will be voted on by the people. 
A majority of the committee responsible for preparation must approve and sign 
each argument filed. Separate signed letters of approval of an argument may be 
filed with the secretary of state by members of a committee if necessary to 
meet the filing deadline. 

13-27-407. REBUTTAL ARGUMENTS. The secretary of state shall provide copies 
of the arguments advocating approval or rejection of a ballot issue to the 
members of the adversary committee no later than 1 day following the filing of 
both the approval and rejection arguments for the issue in his office. The 
committees may prepare rebuttal arguments no longer than 250 words that shall 
be filed, in typewritten form, with the secretary of state no later than 10 
days after the deadline for filing the original arguments. Discussion in the 
rebuttal argument must be confined to the subject matter raised in the argument 
being rebutted. The rebuttal argximent shall be approved and signed by a major- 
ity of the committee responsible for its preparation. Separate signed letters 
of approval may be submitted in the same manner as for the original arguments. 

13-27-408. REJECTION OF IMPROPER ARGUMENTS. The secretary of state shall 
reject, with the approval of the attorney general, an argument or other matter 
held to contain obscene, vulgar, profane, scandalous, libelous, or defamatory 
matter; any language that in any way incites, counsels, promotes, or advocates 
hatred, abuse, violence, or hostility toward, or that tends to cast ridicule or 
shame upon, a group of persons by reason of race, color, religion, or sex; or 
any matter not allowed to be sent through the mail. Such arguments may not be 
filed or printed in the voter information pamphlet. 



13-27-A09 ELECTIONS 112 

13-27-409. LIABILITY FOR C(»ITENTS OF ARGUMENT. Nothing in this chapter 
relieves an author of any argument from civil or criminal responsibility for 
statements contained in an argument printed in the voter information pamphlet. 

13-27-410. PRINTING AND DISTRIBUTIMI OF VOTER INFORMATKM PAMPHLET. (1) The 

secretary of state shall arrange with the department of administration by 
requisition for the printing and delivery of a voter information pamphlet for 
all ballot issues to be submitted to the people at least 90 days before the 
election at which they will be submitted. The requisition shall include a 
delivery list providing for shipment of the required number of pamphlets to 
each county and to the secretary of state. 

(2) The secretary of state shall estimate the number of copies necessary to 
furnish one copy to every voter in each county, except that two or more voters 
with the same mailing address and the same last name may be counted as one 
voter. The secretary of state shall provide for an extra supply of the pamph- 
lets in determining the number of voter pamphlets to be ordered in the requisi- 
tion. 

(3) The department of administration shall call for bids and contract with 
the lowest bidder for the printing and delivery of the voter information 
pamphlet. The contract shall require completion of printing and shipment, as 
specified on the delivery list, of the voter information pamphlets by not later 
than 30 days before the election at which the ballot issues will be voted on by 
the people. 

(A) The county official responsible for voter registration in each county 
shall mail one copy of the voter information pamphlet to each registered voter 
in the county, except that two or more voters with the same mailing address and 
the same last name may be counted as one voter. The mailing shall take place 
no later than 2 weeks after the pamphlets are received from the printer. 
(5) Ten copies of the voter information pamphlet shall be available at each 
precinct for use by any voter wishing to read the explanatory information and 
complete text before voting on the ballot issues. 



Part 5 
Election Procedure 

13-27-501. SECRETARY OF STATE TO CERTIFY BALLOT FORM — ABBREVIATED BALLOT. 

(1) The secretary of state shall furnish to the official of each county 
responsible for preparation and printing of the ballots, at the same time as he 
certifies the names of the persons who are candidates for offices to be filled 
at the election, a certified copy of the form in which each ballot issue to be 
voted on by the people at that election is to appear on the ballot. 

(2) Except as provided in (A), the secretary of state shall list for each 
issue: 

(a) the nximber; 

(b) the method of placement on the ballot; 

(c) the title; 

(d) the attorney general's explanatory statement if applicable; 

(e) the fiscal statement if applicable; and 

(f) the statements of the implication of a vote for or against the issue 
that are to be placed beside the diagram for marking the ballot. 



113 BALLOT ISSUES 13-27-504 

(3) When required to do so, the secretary of state shall use for each 
ballot issue the title of the legislative act or legislative constitutional 
proposal or the title provided by the attorney general or district court. 
Following the number of the ballot issue, the secretary of state, when required 
to do so, shall include one of the following statements to identify why the 
issue has been placed on the ballot: 

(a) an act referred by the legislature; 

(b) an amendment to the constitution proposed by the legislature; 

(c) an act of the legislature referred by referendum petition; or 

(d) a law or constitutional amendment proposed by initiative petition. 

(4) The county election administrator may, at least 14 days prior to the 
deadline for ballot certification by the secretary of state, request in writing 
that he be furnished an abbreviated form of the certified ballot. The secre- 
tary of state shall furnish to all cotinties from which he has received such a 
request a certified ballot containing only the information in subsections 
(2)(a), (2)(e), and (2)(f). If the county election administrator requests that 
the abbreviated ballot be prepared, copies of the information contained in 
subsections (2)(a) through (2)(f) must be distributed to each elector by an 

! election judge as the elector enters the polling place. 

13-27-502. PREPARATION OF BALLOTS BY COUNTY OFFICIALS. Each of the county 
officials responsible for the preparation and printing of the ballots shall 
I print the ballot issues on the official ballot in the form and order in which 
j the issues have been certified by the secretary of state. All ballot issues 
I shall be placed on the official ballot prescribed by 13-12-207, 13-12-212, and 
I 13-17-206 unless specific written approval by the secretary of state for 
; placing the ballot issues on a separate ballot is received by the official 
responsible for printing the ballot. The secretary of state may issue such 
approval only when the number of issues to be voted on at an election makes it 
impractical to print the entire ballot, including the ballot issues, on the 
official ballot as prescribed by 13-12-207, 13-12-212, and 13-17-206. 

13-27-503. DETERMINATION OF RESULT OF ELECTION. The votes on ballot issues 
shall be counted, canvassed, and returned by the regular boards of judges, 
clerks, and officers as votes for candidates are counted, canvassed, and 
returned. The abstract of votes on ballot issues shall be prepared and returned 
to the secretary of state in the manner provided by 13-15-501 for abstract of 
votes for state officers. The board of state canvassers shall proceed within 20 
days after the election at which such ballot issues are voted upon and, at the 
same time as the votes for state officers are canvassed, canvass the votes 
given for each ballot issue. The secretary of state, as secretary of the board 
of state canvassers, shall prepare and file in his office a statement of the 
canvass, giving the nvimber and title of each issue, the whole number of votes 
cast in the state for and against each ballot issue, and the effective date of 
each ballot issue approved by a majority of those voting on the issue. The 
secretary of state shall transmit a certified copy of the statement of the 
canvass to the governor. 

13-27-50A. COPY OF APPROVED ISSUES TO BE SENT TO LEGISLATIVE COUNCIL. The 

secretary of state shall send a certified copy of all ballot issues which have 
been approved by a majority of those voting on the issue and a copy of the 
statement of the canvass to the executive director of the legislative council 



ELECTIONS 114 

at the same time he transmits a certified copy of the statement of the canvass 
to the governor. 

CHAPTERS 28 THROUGH 34 
RESERVED 

CHAPTER 35 

ELECTION AND CAMPAIGN PRACTICES 
AND CRIMINAL PROVISIONS 

Part 1 — General Provisions 

Section 

13-35-101. Election code not to supersede criminal code -- statute of 

limitations. 

13-35-102. Trivial benefits not covered by criminal provisions. 

13-35-103. Violations as misdemeanor. 

13-35-104. Attempt as a violation. 

13-35-105. Aiding and abetting. 

13-35-106. Ineligibility to hold office because of conviction. 

13-35-107. Voiding election. 

13-35-108. Powers of district court. 

Part 2 — Specific Provisions 

13-35-201. Electors and ballots. 

13-35-202. Conduct of election officials and election judges. 

13-35-203. Interference with officials. 

13-35-204. Official misconduct. 

13-35-205. Tampering with election records and information. 

13-35-206. Injury to election equipment, materials, and records. 

13-35-207. Deceptive election practices. 

13-35-208. Deceiving an elector. 

13-35-209. Fraudulent registration. 

13-35-210. Limits on voting rights. 

13-35-211. Electioneering -- soliciting information from electors. 

13-35-212. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-35-213. Preventing public meetings of electors. 

13-35-214. Illegal influence of voters. 

13-35-215. Illegal consideration for voting. 

13-35-216. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-35-217. Officers not to influence voter. 

13-35-218. Coercion or undue influence of voters. 

13-35-219. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-35-220. Bribing members of political gatherings. 

13-35-221. Improper nominations. 

13-35-222 through 13-35-224. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-35-225. Election materials not to be anonymous. 

13-35-226. Unlawful acts of employers and employees. 

13-35-227. Prohibited contributions from corporations. 



KLECTIWJ AND CAMPAIGN PRACTICES 
115 AND CRIMINAL PROVISIONS 13-35-106 

13-35-228. Prohibition of salary increase contribution. 

13-35-229. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-35-230. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-35-231. Unlawful for political party to endorse judicial candidate. 

13-35-232. Repealed. Sec. 407, Ch. 571, L. 1979. 

13-35-233. Solicitation of votes on election day. 

13-35-234. Political criminal libel -- misrepresenting voting records. 

Part 3 — Code of Fair Campaign Practices 

13-35-301. Adoption of code of fair campaign practices. 

13-35-302. Candidates to be given opportunity to subscribe to campaign practices 

code -- publicity. 



Part 1 
General Provisions 



13-35-101. KLECnOi CODE NOT TO SUPERSEDE CRIMINAL CODE -- STATUTE OF 
LIMITATIONS. (1) The penalty provisions of the election laws of this state are 
intended to supplement and not to supersede the provisions of the Montana 
Criminal Code. 

(2) Unless otherwise provided, the general time limitations for prosecu- 
tions for violations of the election laws are those specified in 45-1-205. 

13-35-102. TRIVIAL BENEFITS NOT COVERED BY CRIMINAL PROVISIONS. It is not 
the intent of the election laws of this state to criminalize activities involv- 
ing trivial benefits incidental to the campaign process which involve no 
substantial risk of undermining the election process. 

13-35-103. VIOLATIONS AS MISDEMEANOR. A person who knowingly violates a 
provision of the election laws of this state for which no other penalty is 
specified is guilty of a misdemeanor. 

13-35-104. ATTQIPT AS A VIOLATICM*. An attempt, as defined in 45-4-103, to 
violate a provision of the election laws of this state is itself a violation of 
the election laws and is punishable as provided in 45-4-103. 

13-35-105. AIDING AND ABETTING. A person who is legally accountable, as 
provided in 45-2-302, for the conduct of another which violates a provision of 
the election laws of this state is also guilty of a violation of that provi- 
sion. 

13-35-106. INELIGIBILITY TO HOLD OFFICE BECAUSE OF CONVICTICMJ. In addition 
to all other penalties prescribed by law: 

(1) a candidate who is convicted of violating any provision of this title, 
except 13-35-207(9), is ineligible to be a candidate for any public office in 
the state of Montana until his final discharge from state supervision; 

(2) a campaign treasurer who is convicted of violating any provision of 
this title, except 13-35-207(9), is ineligible to be a candidate for any public 



13-35-107 ELECTIONS 116 

office or to hold the position of campaign treasurer in any campaign in the 
state of Montana until his final discharge from state supervision; 

(3) if an elected official or a candidate is adjudicated to have violated 
any provision of this title, except 13-35-207(9), he shall be removed from 
nomination or office, as the case may be, even though he was regularly nomi- 
nated or elected. 

13-35-107. VOIDING ELECTION. (1) If a court finds that the violation of any 
provision of this title by any person probably affected the outcome of any 
election, the result of that election may be held void and a special election 
held within 75 days of that finding. If the violation occurred during a primary 
election, the court may direct the selection of a new candidate according to 
the provisions of state law relating to the filling of vacancies on the general 
election ballot. Except as provided in subsection (2), an action to void an 
election shall be commenced within 1 year of the date of the election in 
question. 

(2) An action to void a bond election shall be commenced with in 60 days of 
the date of the election in question. 

13-35-108. POWERS OF DISTRICT COURT. In any action brought under the 
election laws of this state, the appropriate district court may enjoin any 
person to prevent the doing of any prohibited act or to compel the performance 
of any act required by the election laws. 

Part 2 

Specific Provisions 

13-35-201. ELECTORS AND BALLOTS. (1) An elector may not show the contents 
of his ballot to anyone after it is marked. No elector may place any mark upon 
the ballot by which it may be identified as the one voted by him. 

(2) An elector may not receive a ballot from any person other than an 
election judge and may not vote any ballot except one received from an election 
judge. No person other than an election judge may deliver a ballot to an 
elector. 

(3) No person may solicit an elector to show his ballot after it is marked. 
(A) An elector who does not vote a ballot delivered to him shall, before 

leaving the polling place, return the ballot to an election judge. 

13-35-202. CONDUCT OF ELECTION OFFICIALS AND ELECTION JUDGES. An election 
officer or judge of an election may not: 

(1) deposit in a ballot box a ballot on which the official stamp, as 
provided by law, does not appear; 

(2) prior to putting the ballot of an elector in the ballot box, attempt to 
find out any name on the ballot or open or examine the folded ballot of an 
elector; 

(3) look at any mark made by the elector upon the ballot; 

(4) make or place any mark or device on any folded ballot with the intent 
to ascertain how the elector has voted; 

(5) allow any individual other than the elector to be present at the 
marking of the ballot except as provided in 13-13-118 and 13-13-119; or 

(6) make a false statement in a certificate regarding affirmation. 



KLKCTKMJ AND CAMPAIQJ PRACTICES 
117 AND CRIMINAL 13-35-206 

13-35-203. INTERFERENCE VTETH OFFICIALS. A person who, in any manner, 
interferes with the officers holding an election or conducting a canvass so as 
to prevent the election or canvass from being fairly held and lawfully con- 
ducted is guilty of obstruction of a public servant and is punishable as 
provided in 45-7-302. 

13-35-204. OFFICIAL MISCONDUCT. A person charged with performance of any 
duty under the provisions of the election laws of this state is guilty of 
official misconduct and is punishable as provided in A5-7-A01 whenever the 
person: 

(1) knowingly neglects or refuses to perform that duty; or 

(2) knowingly and fraudulently acts, in his official capacity, in con- 
travention or violation of any provision of the election laws. 

13-35-205. TAMPERING WITH ELECTICMJ RECORDS AND INFORMATION. A person is 
guilty of tampering with public records or information and is punishable as 
provided in A5-7-208 whenever the person: 

(1) suppresses any declaration or certificate of nomination which has been 
filed; 

(2) purposely causes the vote on a machine to be incorrectly recorded as to 
the candidate or ballot issue voted on; 

(3) in an election return, knowingly adds to or subtracts from the votes 
actually cast at the election; 

(4) changes any ballot after the same has been deposited in the ballot box 
or adds any ballot to those legally polled at an election, either before or 
after the ballots have been counted, with the purpose of changing the result of 
the election; 

(5) causes any name to be placed on the registry lists other than in the 
manner provided by this title; or 

(6) changes a poll list or checklist. 

13-35-206. INJURY TO ELECTION EQUIPMENT, MATERIALS, AND RECORDS. A person 
is guilty of criminal mischief or tampering with public records and informa- 
tion, as appropriate, and is punishable as provided in 45-6-101 or 45-7-208, as 
applicable, whenever the person: 

(1) prior to or on election day, knowingly defaces or destroys any list of 
candidates posted in accordance with the provisions of the law; 

(2) during an election: 

(a) removes or defaces the cards printed for the instruction of the voters; 
or 

(b) removes or destroys any of the supplies or other conveniences placed in 
the booths or compartments for the purpose of enabling a voter to prepare his 
ballot; 

(3) removes any ballots from the polling place before the closing of the 
polls with the purpose of changing the result of the election; 

(4) carries away or destroys any poll lists, checklists, ballots, or ballot 
boxes for the purpose of disrupting or invalidating an election; 

(5) knowingly detains, mutilates, alters, or destroys any election returns; 

(6) mutilates, secretes, destroys, or alters election records, except as 
provided by law; 



1 



i 



13-35-207 ELECTKWS 118 

(7) tampers with, disarranges, defaces, injures, or impairs a voting 
machine; 

(8) mutilates, injures, or destroys any ballot or appliance used in connec- 
tion with a voting machine; or 

(9) fraudulently defaces or destroys a declaration or certificate of 
nomination. 

13-35-207. DECEPTIVE ELECTION PRACTICES. A person is guilty of false 
swearing, unsworn falsification, or tampering with public records or informa- 
tion, as appropriate, and is punishable as provided in 45-7-202, 45-7-203, or 
45-7-208, as applicable, whenever the person: 

(1) falsely represents his name or other information required upon his 
registry card and causes registration with the card; 

(2) signs a registry card knowingly witnessing any false or misleading 
statement ; 

(3) knowingly causes a false statement, certificate, or return of any kind 
to be signed; 

(4) falsely makes a declaration or certificate of nomination; 

(5) files or receives for filing a declaration or certificate of nomination 
knowing that all or part of the declaration or certificate is false; 

(6) forges or falsely makes the official endorsement of a ballot; 

(7) forges or counterfeits returns of an election purporting to have been 
held at a precinct, municipality, or ward where no election was in fact held; 

(8) knowingly substitutes forged or counterfeit returns of election in 
place of the true returns for a precinct, municipality, or ward where an 
election was held; 

(9) signs a name other than his own to a petition, signs more than once for 
the same measure, or signs a petition while not being a qualified elector of 
the state; or 

(10) makes a false oath or affidavit where an oath or affidavit is required 
by law. 

13-35-208. DECEIVING AN ELECTOR. A person who deceives an elector voting 
under 13-13-118 or 13-13-119 is guilty of a misdemeanor. 

13-35-209. FRAUDULENT REGISTRATICMi. (1) No person may knowingly cause, 
procure, or allow himself to be registered in the official register of any 
election district of any county knowing himself not to be entitled to such 
registration. 

(2) No person may falsely personate another and cause the person so per- 
sonated to be registered. 

(3) VHien, on the trial of the person charged with any offense under the 
provisions of this section, it appears in evidence that the accused stands 
registered in the register of any county without being qualified for such 
registration, the court shall order such registration canceled. 

13-35-210. LIMITS ON VOTING RICTTS. (1) No person may vote who is not 
entitled to vote. No person may vote more than once at an election. 

(2) No person may, for any election, apply for a ballot in the name of some 
other person, whether it be the name of a living, dead, or fictitious person. 



ELECTION AND CAMPAIGN PRACTICES 
119 AND CRIMINAL 13-35-215 

13-35-211. ELECTIONEERING — SOLICITING INFORMATICW FROM ELECTORS. (1) No 

person may do any electioneering on election day within any polling place or 
any building in which an election is being held or within 200 feet thereof, 
which aids or promotes the success or defeat of any candidate or ballot issue 
to be voted upon at the election. 

(2) No person may buy, sell, give, wear, or display at or about the polls 
on an election day any badge, button, or other insignia which is designed or 
tends to aid or promote the success or defeat of any candidate or ballot issue 
to be voted upon at the election. 

(3) No person within a polling place or any building in which an election 
is being held or within 200 feet thereof may solicit from an elector, before or 
after he has marked his ballot and returned it to an election judge, informa- 
tion as to whether the elector intends to vote or has voted for or against a 
candidate or ballot issue. 

13-35-212. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-35-213. PREVENTING PUBLIC MEETINGS OF ELECTORS. (1) A person who, by 
threats, intimidations, or violence, willfully hinders or prevents electors 
from assembling in public meeting for the consideration of public questions is 
guilty of a misdemeanor. 

(2) A person who willfully disturbs or breaks up a public meeting of 
electors or others, lawfully being held for the purpose of considering public 
questions, or a public school meeting is guilty of a misdemeanor. 

13-35-214. ILLEGAL INFLUENCE OF VOTERS. No person, directly or indirectly, 
by himself or by any other person on his behalf, for any election, to or for 
any person on behalf of any elector or to or for any person, in order to induce 
any elector to vote or refrain from voting or to vote for or against any 
particular candidate, political party ticket, or ballot issue, may: 

(1) give, lend, agree to give or lend, offer, or promise any money, liquor, 
or valuable consideration or promise or endeavor to procure any money, liquor, 
or valuable consideration; 

(2) promise to appoint another person or promise to secure or aid in 
securing the appointment, nomination, or election of another person to a public 
or private position or employment or to a position of honor, trust, or emolu- 
ment, in order to aid or promote his nomination or election, except that he may 
publicly announce or define what is his choice or purpose in relation to an 
election in which he may be called to take part, if elected. 

13-35-215. ILLEGAL CONSIDERATI(»J FOR VOTING. No person, directly or in- 
directly, by himself or by any other person in his behalf, may: 

(1) before or during any election, for voting or agreeing to vote or for 
refraining or agreeing to refrain from voting at the election or for inducing 
another to do so: 

(a) receive, agree, or contract for any money, gift, loan, liquor, valuable 
consideration, office, place, or employment for himself or any other person; or 

(b) approach any candidate or agent or person representing or acting on 
behalf of any candidate and ask for or offer to agree or contract for any 
money, gift, loan, liquor, valuable consideration, office, place, or employment 
for himself or any other person; 



13-35-217 ELECTIONS 120 

(2) after an election, for having voted or refrained from voting or having 
induced any other person to vote or refrain from voting at the election: 

(a) receive any money, gift, loan, valuable consideration, office, place, 
or employment; or 

(b) approach any candidate or any agent or person representing or acting on 
behalf of any candidate and ask for or offer to receive any money, gift, loan, 
liquor, valuable consideration, office, place, or employment for himself or any 
other person. 

13-35-216. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-35-217. OFFICERS NOT TO INFLUENCE VOTER. No officer, while acting in his 
official capacity, may, by menace, reward, or promise of reward, induce or 
attempt to induce any elector to cast a vote contrary to his original intention 
or desire. 

13-35-218. COERCION OR UNDUE INFLUENCE OF VOTERS. (1) No person, directly 
or indirectly, by himself or any other person in his behalf, in order to induce 
or compel a person to vote or refrain from voting for any candidate, the ticket 
of any political party, or any ballot issue before the people, may: 

(a) use or threaten to use any force, coercion, violence, restraint, or 
undue influence against any person; or 

(b) inflict or threaten to inflict, by himself or any other person, any 
temporal or spiritual injury, damage, harm, or loss upon or against any person. 

(2) No person who is a minister, preacher, priest, or other church officer 
or who is an officer of any corporation or organization, religious or other- 
wise, may, other than by public speech or print, urge, persuade, or command any 
voter to vote or refrain from voting for or against any candidate, political 
party ticket, or ballot issue submitted to the people because of his religious 
duty or the interest of any corporation, church, or other organization. 

(3) No person may, by abduction, duress, or any fraudulent contrivance, 
impede or prevent the free exercise of the franchise by any voter at any 
election or thereby compel, induce, or prevail upon any elector to give or to 
refrain from giving his vote at any election. 

(4) No person may, in any manner, interfere with a voter lawfully exercis- 
ing his right to vote at an election so as to prevent the election from being 
fairly held and lawfully conducted. 

(5) No person on election day may obstruct the doors or entries of any 
polling place or engage in any solicitation of a voter within the room where 
votes are being cast or elsewhere in any manner which in any way interferes 
with the election process or obstructs the access of voters to or from the 
polling place. 

13-35-219. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-35-220. BRIBING MEMBERS OF POLITICAL GATHERINGS. (1) No person may give 
or offer a bribe to any officer or member of any legislative caucus, political 
convention, or political gathering of any kind held for the purpose of nominat- 
ing candidates for offices of honor, trust, or profit in this state, with 
intent to influence the person to whom such bribe is given or offered to be 
more favorable to one candidate than another. No person who is a member of any 



\ 



KLKCnOJ AND CAMPAIGN PRACTICKS 
121 AND CRIMrNAL 13-35-225 

of the bodies mentioned in this section may receive or offer to receive any 
such bribe. 

(2) A violation of this section is punishable as provided in 45-7-101(3). 
I 

13-35-221. IMPROPER NOIINATIWJS . ( 1) No person may pay or promise valuable 
consideration to another, in any manner or form, for the purpose of inducing 
him to be or to refrain from or to cease being a candidate, and no person may 
solicit or receive any payment or promise from another for such purpose. 

(2) No person, in consideration of any gift, loan, offer, promise, or 
agreement, as mentioned in subsection (1), may: 

(a) allow himself to be nominated or refuse to allow himself to be nomi- 
nated as a candidate at an election; 

(b) become, by himself or in combination with any other person or persons, 
a candidate for the purpose of defeating the nomination or election of any 
other person, without a bona fide intent to obtain the office; or 

(c) withdraw if he has been so nominated. 

(3) Upon complaint made to any district court, the judge shall issue a writ 
of injunction restraining the officer whose duty it is to prepare official 
ballots for a nominating election from placing the name of a person thereon as 
a candidate for nomination to any office if the judge is convinced that: 

(a) the person has sought the nomination or seeks to have his name pre- 
sented to the voters as a candidate for nomination by any political party for 
any mercenary or venal consideration or motive; and 

(b) his candidacy for the nomination is not in good faith. 

13-35-222. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-35-223. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-35-224. REPEALED. Sec. 407, Ch. 571, L. 1979. 

13-35-225. ELECnC» MATERIALS NOT TO BE ANONYMOUS. (1) Whenever any person 
makes an expenditure for the purpose of financing communications advocating the 
success or defeat of a candidate, political party, or ballot issue through any 
broadcasting station, newspaper, magazine, outdoor advertising facility, direct 
mailing, poster, handbill, bumper sticker, or other form of general political 
advertising, such communication shall clearly and conspicuously state the name 
and address of the printer, if printed commercially, and the name and address 
of the person who made or financed the expenditure for the communication; 
including, in the case of a political committee, the name and address of the 
treasurer. 

(2) If any document or other article of advertising is too small for the 
requirements of subsection (1) to be conveniently included, the person financ- 
ing the communication shall file a copy of the article with the commissioner, 
together with the required information, prior to its public distribution. 

(3) If information required in subsection (1) is inadvertently omitted or 

i not printed, upon discovering the omission, the person financing the communica- 
tion shall file notification of the omission with the commissioner within 5 
days and make every reasonable effort to bring the material into compliance 
with subsection (1). 



I 



13-35-226 ELECTIONS 122 

13-35-226. UNLAWFUL ACTS OF EMPLOYERS AND EMPLOYEES. (1) It is unlawful for 
any employer, in paying his employees the salary or wages due them, to include 
with their pay the name of any candidate or any political mottoes, devices, or 
arguments containing threats or promises (express or implied) calculated or 
intended to influence the political opinions or actions of the employees. It 
is unlawful for an employer to exhibit in a place where his workers or employ- 
ees may be working any handbill or placard containing any threat, promise, 
notice, or information that in case any particular ticket or political party, 
organization, or candidate is elected, work in his place or establishment will 
cease, in whole or in part, or will be continued or increased; his place or 
establishment will be closed; the salaries or wages of his workers or employees 
will be reduced or increased; or other threats or promises (express or implied) 
intended or calculated to influence the political opinions or actions of his 
workers or employees. This section shall apply to corporations, individuals, 
and public officers and employees. 

(2) No person may attempt to coerce, command, or require a public employee 
to support or oppose any political committee, the nomination or election of any 
person to public office, or the passage of a ballot issue. 

(3) No public employee may solicit support for or opposition to any politi- 
cal committee, the nomination or election of any person to public office, or 
the passage of a ballot issue while on the job or at his place of employment. 
However, nothing in this section is intended to restrict the right of a public 
employee to express his personal political views. 

(A) Any person who violates the provisions of this section shall be fined 
not to exceed $1,000, be imprisoned in the county jail for a term not to exceed 
6 months, or both, for each separate offense. 

13-35-227. PROHIBITED CONTRIBUTIONS FROM CORPORATKMJS . (1) A corporation 
may not make a contribution or an expenditure in connection with a candidate or: 
a political committee which supports or opposes a candidate or a political 
party. 

(2) A person, candidate, or political committee may not accept or receive a: 
corporate contribution described in subsection (1). 

(3) This section does not prohibit the establishment or administration of a- 
separate, segregated fund to be used for making political contributions or 
expenditures if the fund consists only of voluntary contributions solicited 
from an individual who is a shareholder, employee, or a member of the corpora- 
tion. 

(4) A person who violates this section is subject to the civil penalty 
provisions of 13-37-128. 

13-35-228. PROHIBITION OF SALABY INCREASE CONTRIBUTION. A corporation may 
not increase the salary of any officer or employee or give an emolument to any 
officer, employee, or other person with the intention that the increase in 
salary, the emolument, or any part thereof be contributed to support or oppose 
a candidate or ballot issue. 

13-35-229. REPEALED. Sec. A07, Ch. 571, L. 1979. 

13-35-230. REPEALED. Sec. 407, Ch. 571, L. 1979. 



ELECTI«4 AND CAMPAIGN PRACTICES 
123 AND CRIMINAL 13-35-301 

13-35-231. UNLAWFUL FOR POLITICAL PARTY TO ENDORSE JUDICIAL CANDIDATE. A 

political party may not endorse, contribute to, or make an expenditure to 
support or oppose a judicial candidate. 

13-35-232. REPEALED. Sec. -^07, Ch. 571, L. 1979. 

13-35-233. SOLICITATKMJ OF VOTES CM ELECTION DAY. (1) It is unlawful for a 
person or a political committee to place an advertisement supporting or oppos- 
ing a candidate or a ballot issue for use on election day. Failure to remove 
billboards, yard signs, or posters on election day is not considered a viola- 
tion. (2) A person convicted of solicitation of votes on election day is 
guilty of a misdemeanor and shall be imprisoned in the county jail for a term 
not to exceed 6 months or be fined not to exceed $1,000, or both. 

13-35-234. POLITICAL CRIMINAL LIBEL -- MISREPRESENTING VOTING RECORDS, (l) 

It is unlawful for any person to make or publish any false statement or charge 
reflecting on any candidate's character or morality or to knowingly mis- 
represent the voting record or position on public issues of any candidate. A 
person making such a statement or representation with knowledge of its falsity 
or with a reckless disregard as to whether it is true or not is guilty of a 
misdemeanor. 

(2) In addition to the misdemeanor penalty of subsection (1), a successful 
candidate who is adjudicated guilty of violating this section may be removed 
from office as provided in 13-35-106 and 13-35-107. 

Part 3 

Code of Fair Caiiq)aig:n Practices 

13-35-301. ADOPTION OF CODE OF FAIR CAMPAIOJ PRACTICES. The following code 
of fair campaign practices is adopted by Montana: 

"There are basic principles of decency, honesty, and fair play that every 
candidate for public office in the United States has a moral obligation to 
observe and uphold, in order that, after vigorously contested but fairly 
conducted campaigns, our citizens may exercise their constitutional right to a 
free and untrammeled choice and the will of the people may be fully and clearly 
expressed on the issues before the country. Therefore: 

I will conduct my campaign in the best American tradition, discussing the 
issues as I see them, presenting my record and policies with sincerity and 
frankness, and criticizing without fear or favor the record and policies of my 
opponent and his party which merit such criticism. 

I will defend and uphold the right of every qualified American voter to full 
and equal participation in the electoral process. 

I will conduct my campaign without the use of personal vilification, charac- 
ter defamation, whispering campaigns, libel, slander, or scurrilous attacks on 
my opposition or his personal or family life. 

I will not use campaign material of any sort which misrepresents, distorts, 
or otherwise falsifies the facts, nor will I use malicious or unfounded accusa- 
tions which aim at creating or exploiting doubts, without justification, as to 
the loyalty and patriotism of my opposition. 



13-35-302 ELECTIONS 12A 

I will not make any appeal to prejudice based on race, sex, creed, or 
national origin. 

I will not undertake or condone any dishonest or unethical practice which 
tends to corrupt or undermine our American system of free elections or which 
hampers or prevents the full and free expression of the will of the voters. 

Insofar as is possible, I will immediately and publicly repudiate support 
deriving from any individual or group which resorts, on behalf of my candidacy 
or in opposition to that of my opponent, to the methods and tactics that I have 
pledged not to use or condone." 

13-35-302. CANDIDATES TO BE GIVEN OPPORTUNITY TO SUBSCRIBE TO CAMPAIGN 
PRACTICES CODE -- PUBLICITY. (1) The commissioner of campaign practices shall 
prepare a form which contains the code of fair campaign practices provided for 
in 13-35-301 and a place for a candidate to sign the form and to indicate that 
the candidate endorses, subscribes to, and pledges to abide by the code. 

(2) Each candidate required to file statements or reports with the commis- 
sioner shall be sent a copy of this form. Signing the form is voluntary, and a 
failure or refusal to sign is not a violation of the election laws. A form 
shall be sent for each election as soon as feasible. The signed form shall be 
returned to the commissioner. 

(3) The commissioner shall supply the secretary of state, the county 
registrars, and the city and town clerks with forms. Any candidate not required 
to file with the commissioner but wishing to subscribe to the code may obtain 
the form from the commissioner, the secretary of state, a county registrar, or 
a city or town clerk and may sign the form and deliver it to the commissioner. 

CHAPTER 36 

CONTESTS 

Part 1 — General Provisions 

Section 

13-36-101. Groxmds for contest of nomination or election to public office. 

13-36-102. Time for commencing contest. 

13-36-103. Court having jurisdiction of proceedings. 

13-36-104. Nomination contests. 

Part 2 — Procedure 

13-36-201. Contents of contest petition. 

13-36-202. Reception of illegal votes -- allegations and evidence. 

13-36-203. Form of complaint. 

13-36-20A. Bond required. 

13-36-205. Recovery of costs. 

13-36-206. Notice of filing -- prompt hearing. 

13-36-207. Hearing of contest. 

13-36-208. Advancement of cases -- dismissal -- privileges of witnesses. 

13-36-209. Forfeiture of nomination or office for violation of law -- when 

inappropriate . 

13-36-210. Punishment. 

13-36-211. When nomination or election not to be vacated. 



125 CONTESTS 13-36-104 

13-36-212. Declaration of result of election after rejection of illegal votes. 



Part 1 
General Provisions 



13-36-101. GROUNDS FOR CONTEST OF NOONATION OR ELECTION TO PUBLIC OFFICE. 

An elector may contest the right of any person to any nomination or election to 
public office for which the elector has the right to vote, for any of the 
following causes: 

(1) on the ground of a deliberate, serious, and material violation of any 
provision of the law relating to nominations or elections; 

(2) whenever the person whose right is contested was not, at the time of 
the election, eligible to such office; 

(3) on account of illegal votes or an erroneous or fraudulent count or 
canvass of votes. 

13-36-102. TIME FOR C(»1MENCING CCMfTEST. (1) Five days or less after a 
candidate has been certified as nominated, a person wishing to contest the 
nomination to any public office shall give notice in writing to the candidate 
whose nomination he intends to contest, briefly stating the cause for the 
contest. The contestant shall make application to the district court in the 
coxinty where the contest is to be had. The judge shall then set the time for 
the hearing. The contestant shall serve notice 3 days before the hearing is 
scheduled. The notice shall state the time and place of the hearing. 

(2) Any action to contest the right of a candidate to be declared elected 
to an office or to annul and set aside such election or to remove from or 
deprive any person of an office of which he is the incumbent for any offense 
mentioned in this title must, unless a different time is stated, be commenced 
within 1 year after the day of election at which such offense was committed. 

13-36-103. COURT HAVING JURISDICTION OF PROCEEDINGS. An application for 
filing a statement, payment of a claim, or correction of an error or false 
recital in a filed statement or an action or proceeding to annul and set aside 
the election of any person declared elected to an office or to remove or 
deprive any person of his office for an offense mentioned in this title or any 
petition to excuse any person or candidate in accordance with the power of the 
court to excuse, as provided in 13-36-209, must be made or filed in the dis- 
trict court of the county in which the certificate, declaration, or acceptance 
of his nomination as a candidate for the office to which he is declared nomi- 
nated or elected is filed or in which the incumbent resides. 

13-36-104. N(MINATI(X4 CONTESTS. In the case of nomination contests, the 
judge of the district court shall hear and determine the case and make all 
necessary orders for the trial of the case and carrying his judgment into 
effect. The order of the judge shall express the will of a majority of the 
legal voters of the political party, as indicated by their votes, disregarding 
technicalities or errors in spelling. Each party is entitled to subpoenas. The 
registrar shall issue a certificate to the person declared nominated by the 
court. The certificate shall be conclusive evidence of the right of the person 
to hold the nomination. 



13-36-201 ELECTIONS 126 

Part 2 

Procedure 

13-36-201. CONTENTS OF CCWPTEST PETITICMl. Any petition contesting the right 
of any person to a nomination or election shall set forth the name of every 
person whose election is contested and the groxmds of the contest. The petition 
shall not thereafter be amended, except by leave of the court. 

13-36-202. RECEPTICM OF ILLEGAL VOTES — ALLEGATIONS AND EVIDENCE. When the 
reception of illegal votes is alleged as a cause of contest, it shall be 
sufficient to state generally that in one or more specified voting precincts 
illegal votes were given to the candidate whose nomination or election is 
contested which, if taken from him, will reduce the number of his legal votes 
below the number of legal votes given to some other candidate for the same 
office. No testimony shall be received of any illegal votes unless the party 
contesting such election delivers to the opposite party, at least 3 days bef ore i 
such trial, a written list of the number of illegal votes (and by whom given) 
which he intends to prove on such trial. This provision shall not prevent the 
contestant from offering evidence of illegal votes not included in such state- 
ment if he did not know and by reasonable diligence was unable to learn of such' 
additional illegal votes (and by whom they were given) before delivering such 
written list. 

13-36-203. FORM OF CWfPLAINT. (1) A petition or complaint filed under the 
provisions of this chapter shall be sufficient if it is substantially in the 
following form: 

In the District Court of the 

.... Judicial District, 

for the County of ...., State of Montana. 

A B (or A B and CD), Contestants, 

vs. 
E F, Contestee. 

The petition of contestant (or contestants) above named alleges: 

That an election was held (in the state, district, coimty, or city of ....),, 
on the .... day of ...., A. D. 19.., for the (nomination of a candidate for) 
(or election of a) (state the office). 

That .... and .... were candidates at said election, and the board of 
canvassers has returned the said .... as being duly nominated (or elected) at 
said election. 

That contestant A B voted (or had a right to vote, as the case may be) at 
said election (or claims to have had a right to be returned as the nominee or 
officer elected or nominated at said election, or was a candidate at said 
election, as the case may be), and said contestant C D (here state in like 
manner the right of each contestant). 

And said contestant (or contestants) further allege (here state the facts 
and grounds on which the contestants rely). 



127 CONTESTS 13-36-207 

Wherefore, your contestants pray that it may be determined by the court that 
said .... was not duly nominated (or elected), and that said election was void 
or that said A B or C D, as the case may be, was duly nominated (or elected), 
and for such other and further relief as to the court may seem just and legal 
in the premises. 

(2) Said complaint shall be verified by the affidavit of one of the peti- 
tioners in the manner required by law for the verification of complaints in 
civil cases. 

13-36-204. BOND REQUIRED. Before any proceeding on the petition, the 
petitioner shall give bond to the state in such s\im as the court may order, not 
exceeding $2,000, with not less than two sureties, who shall justify in the 
manner required of sureties on bail bonds, conditioned to pay all costs, 
disbursements, and attorney's fees that may be awarded against him if he shall 
not prevail. 

13-36-205. RECOVERY OF COSTS. In any contest, the prevailing party may 
recover his costs, disbursements, and reasonable attorney's fees. Costs, 
disbursements, and attorney's fees in all such cases shall be in the discretion 
; of the court. In case judgment is rendered against the petitioner, it shall 
I also be rendered against the sureties on the bond. 
I 

I 13-36-206. NOTICE OF FILING — PROflPT HEARING. On the filing of any such 
I petition, the clerk shall immediately notify the judge of the court and issue a 
I citation to the person whose nomination or office is contested, citing him to 
I appear and answer not less than 3 or more than 7 days after the date of filing 
i the petition. The court shall hear said cause, and every such contest shall 
take precedence over all other business on the court docket and shall be tried 
and disposed of with all convenient dispatch. The court shall always be deemed 
in session for the trial of such cases. 

13-36-207. HEARING OF OMfrEST. The petitioner (contestant) and the contes- 
tee may appear and produce evidence at the hearing, but no person other than 
the petitioner and contestee may be made a party to the proceedings on such 
petition and no person other than the parties and their attorneys may be heard 
thereon except by order of the court. If more than one petition is pending or 
the election of more than one person is contested, the court may in its discre- 
tion order the cases to be heard together and may apportion the costs, disbur- 
sements, and attorney's fees between them and shall finally determine all 
questions of law and fact, except that the judge may in his discretion impanel 
a jury to decide on questions of fact. In the case of nominations or elections 
other than for federal congressional offices, the court shall immediately 
certify its decision to the governing body or official issuing certificates of 
nomination or election and the governing body or official shall thereupon issue 
certificates of nomination or election to the person or persons entitled 
thereto by the court's decision. If judgment of ouster against a defendant is 
rendered, the nomination or office shall be by the judgment declared vacant, 
except as provided in 13-36-212, and shall thereupon be filled by a new elec- 
tion or by appointment as may be provided by law regarding vacancies in such 
nomination or office. 



13-36-208 KLECn(»JS 128 | 

13-36-208. ADVANCEMENT OF CASES ~ DISMISSAL -- PRIVILEGES OF WITNESSES. 

Proceedings under this title shall be advanced on the docket upon request of 
either party for speedy trial, but the court may postpone or continue the trial 
if necessary, and in case of such continuance or postponement, the court may 
impose costs in its discretion as a condition thereof. No petition may be 
dismissed without the consent of the county attorney unless the same is dis- 
missed by the court. No person may be excused from testifying or producing 
papers or documents on the ground that his testimony or the production of 
papers or documents will tend to criminate him; but no admission, evidence, or 
paper made or advanced or produced by such person or any evidence that is the 
direct result of such evidence or information that he may have so given may be 
offered or used against him in any civil or criminal prosecution, except in a 
prosecution for perjury committed in such testimony. 

13-36-209. FORFEITURE OF NOCENATICM OR OFFICE FOR VIOLATICMJ OF LAW - WHEN 
INAPPROPRIATE. If, upon the trial of any action or proceeding under the provi- 
sions of this title to contest the right of any person to be declared nominated 
or elected to any office or to annul or set aside such nomination or election 
or to remove a person from his office, it appears from the evidence that the 
offense complained of was not committed by the candidate or with his knowledge 
or consent or was committed without his sanction or connivance and that all 
reasonable means for preventing the commission of such offense at such election 
were taken by and on behalf of the candidate; that the offense or offenses 
complained of were trivial, unimportant, and limited in character and that in 
all other respects his participation in the election was free from such offen- 
ses or illegal acts; or that any act or omission of the candidate arose from 
inadvertence or from accidental miscalculation or from some other reasonable 
cause of a like nature and in any case did not arise from any want of good 
faith; and under the circumstances it seems to the court to be unjust that the 
candidate forfeit his nomination or office or be deprived of any office of 
which he is the incximbent, then the nomination or election of the candidate is 
not by reason of such offense or omission complained of void, nor may the 
candidate be removed from or deprived of his office. 

13-36-210. PUNISHMENT. If, upon the trial of any action or proceeding under 
the provisions of this title to contest the right of any person to be declared 
to be nominated to an office or elected to an office or to annul and set aside 
such election or to remove any person from his office, it appears that such 
person was guilty of any corrupt practice, illegal act, or undue influence in 
or about such nomination or election, he shall be punished by being deprived of 
the nomination or office, as the case may be, and the vacancy therein shall be 
filled in the manner provided by law. The only exceptions to this judgment 
shall be those provided in 13-36-209. Such judgment does not prevent the 
candidate or officer from being proceeded against by indictment or criminal 
information for any such act or acts. 

13-36-211. WHEN N»1INATI(MJ OR ELECTION NOT TO BE VACATED. Nothing in the 
ground of contest specified in 13-36-101(3) is to be so construed as to author- 
ize a nomination or election to be set aside on account of illegal votes, 
unless it appear either: 

(1) that the candidate or nominee whose right is contested had knowledge of 
or connived at such illegal votes; or 



i 129 CONTROL OF CAMPAIGN PRACTICES 13-36-212 

(2) that the number of illegal votes given to the person whose right to the 
nomination or office is contested, if taken from him, would reduce the number 
1 of his legal votes below the number of votes given to some other person for the 
i same nomination or office, after deducting therefrom the illegal votes which 
I may be shown to have been given to such other person. 

j 13-36-212. DECLARATION OF RESULT OF ELECTION AFTER REJECTI(M4 OF ILLEGAL 
VOTES. If, in any case of a contest on the ground of illegal votes, it appears 

1 that a person other than the one returned has the highest number of legal votes 
after the illegal votes have been eliminated, the court must declare such 
person nominated or elected, as the case may be. 

CHAPTER 37 
CONTROL OF CAMPAIGN PRACTICES 
Part 1 — Commissioner of Political Practices 

[Section 

13-37-101. Commissioner of political practices. 

113-37-102. Creation of office. 

j 13-37-103. Term of office -- limitations on holding other office. 

113-37-104. Vacancy. 

13-37-105. Impeachment and prosecution of commissioner. 

I13-37-IO6. Salary. 

i Sections 13-37-107 through 13-37-110 reserved, 

j 13-37-111. Investigative powers and duties. 

(13-37-112. Personnel and budget. 

ll3-37-113. Hiring of attorneys -- prosecutions. 

113-37-llA. Rules. 

!l3-37-115. Orders of noncompliance. 

|l3-37-116. Exercise of powers. 

113-37-117. Commissioner to provide forms and manuals. 

jl3-37-118. Information voluntarily supplied. 

;13-37-119. Availability of information. 

|l3-37-120. Reports. 

|13-37-121. Inspection of statements and reports -- issuance of orders of 

I noncompliance. 

113-37-122. Judicial review of orders of noncompliance. 

13-37-123. Examination of reports after election. 

|13-37-12A. Consultation and cooperation with county attorney. 

113-37-125. Powers of county attorney to investigate. 

113-37-126. Names not to be printed on ballot. 

|13-37-127. Withholding of certificates of nomination or election. 

13-37-128. Cause of action created. 

il3-37-129. Liability and disposition of fines. 

13-37-130. Limitation of action. 



I 



13-37-101 KLKCTKWS 130 1 

Part 2 — Caiq>aign Finance 

13-37-201. Campaign treasurer. 

13-37-202. Deputy campaign treasurers. 

13-37-203. Qualifications of campaign and deputy campaign treasurers. 

13-37-20A. Removal of campaign and deputy campaign treasurers. 

13-37-205. Campaign depositories. 

13-37-206. Exception for certain school districts. 

13-37-207. Deposit of contributions -- statement of campaign treasurer. 

13-37-208. Treasurer to keep records. 

13-37-209. Inspection of records. 

13-37-210. Naming and labeling of political committees. 

Sections 13-37-211 through 13-37-214 reserved. 

13-37-215. Petty cash funds allowed. 

13-37-216. Limitations on contributions. 

13-37-217. Contributions in name of undisclosed principal. 

13-37-218. Limitations on receipts from political committees. 

Sections 13-37-219 through 13-37-224 reserved. 

13-37-225. Reports of contributions and expenditures required. 

13-37-226. Time for filing reports. 

13-37-227. Comprehensive report when several candidates or issues involved. 

13-37-228. Time periods covered by reports. 

13-37-229. Disclosure of contributions received. 

13-37-230. Disclosure of expenditures made. 

13-37-231. Reports to be certified as true and correct. 

Part: 3 — Public Caiiq>aign Finance 

13-37-301. Short title. 

13-37-302. Definitions. 

13-37-303. Donation by taxpayer. 

13-37-304. Public campaign fxind. 

13-37-305. Records to be kept -- availability. 

13-37-306. Penalties for violation. 

13-37-307. Application to receive money. 

13-37-308. Unopposed candidates ineligible. 



Part 1 

Conmissioner of Political Practices 

13-37-101. COMMISSIONER OF POLITICAL PRACTICES. In this chapter, "commis- 
sioner" means the commissioner of political practices created by 13-37-102, 
unless the context clearly indicates otherwise. 

13-37-102. CREATION OF OFFICE. (1) There is a commissioner of political 
practices who is appointed by the governor, subject to confirmation by a 
majority of the senate. A four-member selection committee comprised of the 
speaker of the house, the president of the senate, and the minority floor 
leaders of both houses of the legislature shall submit to the governor a list 
of not less than two or more than five names of individuals for his considera- 



131 CONTROL OF CAMPAIOi PRACTICES 13-37-111 

tion. A majority of the members of the selection committee shall agree upon 
each nomination. 

(2) The individual selected to serve as commissioner of political practices 
may be removed by the governor prior to the expiration of the term only for 
incompetence, malfeasance, or neglect of duty. The sufficiency of such 
causes shall be subject to judicial review. 

13-37-103. TERM OF OFFICE — LIMITATKWS ON HOLDING OTHER OFFICE. (1) The 

individual selected to serve as the commissioner of political practices is 
appointed for a 6-year term, but he is thereafter ineligible to serve as the 
commissioner of political practices. 

(2) The individual selected to serve as commissioner of political practices 
is precluded from being a candidate for public office as defined in 13-1-101 
for a period of 5 years from the time that he leaves office as commissioner. 

13-37-104. VACANCY. (1) If for any reason a vacancy occurs in the position 
of commissioner, a successor shall be appointed within 30 days as provided in 
13-37-102(1) to serve out the xinexpired term. Every nomination shall be con- 
firmed by the senate, but a nomination made while the senate is not in session 
shall be effective as an appointment until the end of the next session. 

(2) An individual who is selected to serve out the unexpired term of a 
preceding commissioner and who has served 3 years or more of an xinexpired term 
is not eligible for reappointment. 

(3) An individual who is selected to serve out the unexpired term of a 
preceding commissioner and who has served less than 3 years may be reappointed 
for a 6-year term as provided in 13-37-102(1). 

13-37-105. IMPEACHMENT AND PROSECUTIMI OF COMMISSIONER. The commissioner 
may be removed from office by impeachment as provided in Title 5, chapter 5, 
part 4. He may also be prosecuted by the appropriate county attorney for 
official misconduct as specified in 45-7-401. 

13-37-106. SALARY. (1) The commissioner of political practices is entitled 
to receive a salary of $27,655 a year. 

(2) The salary commission must review the commissioner's salary and may 
recommend salary increases to the legislature. 

13-37-107 through 13-37-110 reserved. 

13-37-111. INVESTIGATIVE POWERS AND DUTIES, (l) The commissioner of politi- 
cal practices shall be responsible for investigating all of the alleged viola- 
tions of the election laws contained in chapters 35, 36, or 37 of this title 
and shall in conjunction with the county attorneys be responsible for enforcing 
these election laws. 

(2) The commissioner may investigate all statements filed pursuant to the 
provisions of chapters 35, 36, or 37 of this title and shall also investigate 
alleged failures to file any statement or the alleged falsification of any 
statement filed pursuant to the provisions of chapters 35, 36, or 37 of this 
title. Upon the submission of a written complaint by any individual, the 
commissioner shall also investigate any other alleged violation of the provi- 
sions of chapters 35, 36, or 37 of this title or any rule adopted pursuant 
thereto . 



13-37-112 ELECTIONS 132 

(3) The commissioner may inspect any records, accounts, or books that must 
be kept pursuant to the provisions of chapters 35, 36, or 37 of this title 
which are held by any political committee or candidate, so long as such inspec- 
tion is made during reasonable office hours. 

(4) The commissioner may administer oaths and affirmations, subpoena 
witnesses, compel their attendance, take evidence, and require the production 
of any books, papers, correspondence, memoranda, bank account statements of a 
political committee or candidate, or other records which are relevant or 
material for the purpose of conducting any investigation pursuant to the 
provisions of chapters 35, 36, or 37 of this title. 

13-37-112. PERSONNEL AND BUDGET. (1) The commissioner shall select an 
appropriate staff to enforce the provisions of chapters 35, 36, or 37 of this 
title, and he may hire and fire all personnel under his supervision. 

(2) The commissioner shall be responsible for preparing, administering, and 
allocating the budget for his office. 

13-37-113. HIRING OF ATTORNEYS — PROSECUTIONS. The commissioner may hire 
or retain attorneys who are properly licensed to practice before the supreme 
court of the state" of Montana to prosecute violations of chapters 35, 36, or 37 
of this title. Any properly licensed attorney so retained or hired shall 
exercise the powers of a special attorney general, and he may prosecute, 
subject to the control and supervision of the commissioner and the provisions 
of 13-37-124 and 13-37-125, any criminal or civil action arising out of a 
violation of any provision of chapters 35, 36, or 37 of this title. All pro- 
secutions shall be brought in the state district court for the county in which 
a violation has occurred or in the district court for Lewis and Clark County. 
The authority to prosecute as prescribed by this section includes the authority 
to: 

(1) institute proceedings for the arrest of persons charged with or reason- 
ably suspected of criminal violations of chapters 35, 36, or 37 of this title; 

(2) attend and give advice to a grand jury when cases involving criminal 
violations of chapters 35, 36, or 37 of this title are presented; 

(3) draw and file indictments, informations, and criminal complaints; 

(4) prosecute all actions for the recovery of debts, fines, penalties, or 
forfeitures accruing to the state or county from persons convicted of violating 
chapters 35, 36, or 37 of this title; and 

(5) do any other act necessary to successfully prosecute a violation of any 
provision of chapters 35, 36, or 37 of this title. 

13-37-114. RULES. The commissioner shall promulgate and publish rules to 
carry out the provisions of chapters 35, 36, or 37 of this title and shall 
promulgate such rules in conformance with the Montana Administrative Procedure 
Act. 

13-37-115. ORDERS OF NONCOMPLIANCE. The commissioner may issue orders of 
noncompliance as prescribed by 13-37-121. 

13-37-116. EXERCISE OF POWERS. The commissioner may exercise all of the 
powers conferred upon him by law in any jurisdiction or political subdivision 
of the state. 



133 CONTROL OF CAMPAIGN PRACTICES 13-37-121 

13-37-117. COMMISSIONER TO PROVIDE FORMS AND MANUALS. (1) The commissioner 
shall prescribe forms for statements and other information required to be filed 
pursuant to chapters 35, 36, or 37 of this title and furnish forms and ap- 
propriate information to persons required to file statements and information. 

(2) The commissioner shall prepare and publish a manual prescribing a 
uniform system for accounts for use by persons required to file statements 
pursuant to chapters 35, 36, or 37 of this title. 

(3) The commissioner shall prescribe the manner in which the county clerk 
and recorders shall receive, file, collate, and maintain reports filed with 
them under chapters 35, 36, or 37 of this title. 

13-37-118. INFORMATIMi VOLUNTARILY SUPPLIED. The commissioner shall accept 
and file any information volxintarily supplied that exceeds the requirements of 
chapters 35, 36, or 37 of this title. 

13-37-119. AVAILABILITY OF INFORMATKM . (1) The commissioner shall make 
statements and other information filed with his office available for public 
inspection and copying during regular office hours and make copying facilities 
available free of charge or at a charge not to exceed actual cost. 

(2) The commissioner shall preserve statements and other information filed 
with his office for a period of 10 years from date of receipt. 

(3) The commissioner shall prepare and publish summaries of the statements 
received and such other reports as he considers appropriate. 

(4) The commissioner shall provide for wide public dissemination of sxim- 
maries and reports. 

13-37-120. REPORTS. The commissioner shall at the close of each fiscal year 
report to the legislature and the governor concerning the action he has taken, 
including the names, salaries, and duties of all individuals in his employ and 
the money he has disbursed. The commissioner shall also make further reports 
on the matters within his jurisdiction that the legislature may prescribe and 
shall also make recommendations for further legislation that may appear desir- 
able. 

13-37-121. INSPECTICMJ OF STATEMENTS AND REPORTS — ISSUANCE OF ORDERS OF 
NraiCOMPLIANCE . (1) Each statement and report filed with the commissioner during 
an election or within 60 days thereafter shall be inspected within 10 days 
after it is filed. If a person has not satisfied the provisions of this 
chapter, the commissioner shall immediately notify the person of the noncom- 
pliance. Such an order of noncompliance shall be issued when: 

(a) upon examination of the official ballot, it appears that the person has 
failed to file a statement or report as required by this chapter or that a 
statement or report filed by a person does not conform to law; or 

(b) it is determined that a statement or report filed with the commissioner 
does not conform to the requirements of this chapter or that a person has 
failed to file a statement or report required by law. 

(2) If an order of noncompliance is issued during a campaign period or 
within 60 days after an election, a candidate or political committee shall 
submit the necessary information within 5 days after receiving the notice of 
noncompliance. Upon a failure to submit the required information within the 
time specified, the appropriate county attorney or the commissioner may in- 



13-37-122 ELECTIMIS 134 

itiate a civil or criminal action pursuant to the procedures outlined in 13-37- 
12A and 13-37-125. 

(3) If an order of noncompliance is issued during any period other than 
that described in subsection (2), a candidate or political committee shall 
submit the necessary information within 10 days after receiving the notice of 
noncompliance. Upon a failure to submit the required information within the 
time specified, the appropriate county attorney or the commissioner shall 
initiate a civil or criminal action pursuant to the procedures outlined in 13- 
37-124 and 13-37-125. 

13-37-122. JUDICIAL REVIEW OF OEDERS OF NCMJCOMPLIANCE. A candidate or 
political treasurer aggrieved by the issuance of an order of noncompliance may 
seek judicial review in the district court of the county in which the candidate 
resides or the county in which the political committee has its headquarters. 
All petitions for judicial review filed pursuant to this section shall be 
expeditiously reviewed by the appropriate district court. 

13-37-123. EXAMINATiaj OF REPORTS AFTER ELECTICM. Within 120 days after the 
date of each election, the commissioner shall examine and compare each state- 
ment or report filed with the commissioner pursuant to the provisions of this 
chapter to determine whether the statement or report conforms to the provisions 
of the law. The examination shall include a comparison of all reports and 
statements received by the commissioner pursuant to the requirements of this 
chapter. The commissioner may investigate the source and authenticity of any 
contribution or expenditure listed in any report or statement filed pursuant to 
this chapter or the alleged failure to report any contribution or expenditure 
required to be reported pursuant to this chapter. 

13-37-124. CONSULTATICM AND COOPERATICM WITH COUNTY ATTORNEY. (1) Whenever 
the commissioner determines that there appears to be sufficient evidence to 
justify a civil or criminal prosecution under chapters 35, 36, or 37 of this 
title, he shall notify the county attorney of the county in which the alleged 
violation occurred and shall arrange to transmit to the county attorney all 
information relevant to the alleged violation. If the county attorney fails to 
initiate the appropriate civil or criminal action within 30 days after he 
receives notification of the alleged violation, the commissioner may then 
initiate the appropriate legal action. 

(2) A county attorney may, at any time prior to the expiration of the 30- 
day time period specified in subsection (1), waive his right to prosecute and 
thereby authorize the commissioner to initiate the appropriate civil or crim- 
inal action. 

(3) The provisions of subsection (1) do not apply to a situation in which 
the alleged violation has been committed by the county attorney of a county. In 
this instance, the commissioner is authorized to directly prosecute any alleged 
violation of chapters 35, 36, or 37 of this title. 

(4) If a prosecution is undertaken by the commissioner, all court costs 
associated with the prosecution shall be paid by the state of Montana, and all 
fines and forfeitures imposed pursuant to a prosecution by the commissioner, 
except those paid to or imposed by a justice's court, shall be deposited in the 
state general fund. 



135 CONTROL OF CAMPAIGN PRACTICES 13-37-128 

13-37-125. POWERS OF COUNTY ATTORNEY TO INVESTIGATE. (1) Nothing in chap- 
ters 35, 36, or 37 of this title prevents a county attorney from inspecting 
any records, accovints, or books which must be kept pursuant to the provisions 
of chapters 35, 36, or 37 of this title that are held by a political committee 
or candidate involved in an election to be held within the county. However, the 
inspections must be conducted during reasonable office hours. 

(2) A county attorney may: 

(a) administer oaths and affirmations; 

(b) subpoena witnesses and compel their attendance; 

(c) take evidence; and 

(d) require the production of any books, correspondence, memoranda, bank 
account statements of a political committee or candidate, or other records 
which are relevant or material for the purpose of conducting any investigation 
pursuant to the provisions of chapters 35, 36, or 37 of this title. 

13-37-126. NAMES NOT TO BE PRINTED (M« BALLOT. (1) The name of a candidate 
may not be printed on the official ballot for an election if the candidate or a 
political treasurer for a candidate fails to file any statement or report as 
required by this chapter. 

(2) A vacancy on an official ballot under this section may be filled in the 
manner provided by law, but not by the name of the same candidate. 

(3) In carrying out the mandate of this section, the commissioner must, by 
a written statement, notify the secretary of state or the election ad- 
ministrator that a candidate or a candidate's treasurer has not complied with 
the provisions of this chapter, as described in subsection (1), and that a 
candidate's name should not be printed on the official ballot. 

13-37-127. WITHHOLDING OF CERTIFICATES OF NWONATION OR ELECTION. (1) A 

certificate of election shall not be granted to any candidate until he or his 
political treasurer has filed the reports and statements that must be filed 
pursuant to the provisions of this chapter. No candidate for an elective 
office may assume the powers and duties of that office until he has received a 
certificate of election as provided by law. A certificate of election shall 
only be issued by the public official responsible for issuing a certificate or 
commission of election. 

(2) In carrying out the mandate of this section, the commissioner must, by 
written statement, notify the public official responsible for issuing a cer- 
tificate of nomination or election that a candidate or his treasurer has 
complied with the provisions of this chapter as described in subsection (1) and 
that a certificate of nomination or election may be issued. 

13-37-128. CAUSE OF ACTION CREATED. (1) Except as provided in 13-37-306, 
any person who intentionally or negligently violates any of the reporting 
provisions of this chapter, shall be liable in a civil action brought by the 
commissioner or a county attorney pursuant to the provisions outlined in 13-37- 
12A and 13-37-125 for an amount up to $500 or three times the amovint of the 
unlawful contributions or expenditures, whichever is greater. 

(2) Any person who makes or receives a contribution or expenditure in 
violation of 13-35-225, 13-35-227, 13-35-228, or this chapter, is liable in a 
civil action brought by the commissioner or a county attorney pursuant to the 
provisions outlined in 13-37-124 and 13-37-125 for an amount up to $500 or 



13-37-129 ELECTICWS 136 

three times the amount of the unlawful contribution or expenditure, whichever 
is greater. 

13-37-129. LIABILITY AND DISPOSITICM OF FINKS. In determining the amount of 
liability under 13-37-128, the court may take into account the seriousness of a 
violation and the degree of culpability of the defendant. If a judgment is 
entered against the defendant or defendants in an action brought by a county 
attorney in a court other then a justice's court, the county shall receive 50% 
of the amount recovered. The remaining 50% shall be deposited in the general 
fund of the state. In an action brought by the commissioner in a court other 
than a justices' court, the entire amount recovered shall be paid to the 
general fund of the state. 

13-37-130. LIMITATKMJ OF ACTION. No action may be brought under 13-37-128 
and 13-37-129 more than A years after the occurrence of the facts which give 
rise to the action. No more than one judgment against a particular defendant 
may be had on a single state of facts. The civil action created in 13-37-128 
and 13-37-129 shall be the exclusive remedy for violation of the contribution, 
expenditure, and reporting provisions of this chapter, except as provided in 
13-37-306. These provisions are not subject to the misdemeanor penalties of 
13-35-103 but may be a ground for contest of election or removal from office as 
provided in 13-35-106(3) and Title 13, chapter 36. 

Part 2 

Campaign Finance 

13-37-201. CAMPAIGN TREASURER. Except as provided in 13-37-206, each 
candidate and each political committee shall appoint one campaign treasurer and 
certify the full name and complete address of the campaign treasurer pursuant 
to this section. A candidate shall file the certification within 5 days after 
becoming a candidate. A political committee shall file the certification, which 
shall include an organizational statement and set forth the name and address of 
all other officers, if any, within 5 days after it makes an expenditure or 
authorizes another person to make an expenditure on its behalf, whichever 
occurs first. The certification of a candidate or political committee shall be 
filed with the commissioner and the appropriate county clerk and recorder as 
specified for the filing of reports in 13-37-225. 

13-37-202. DEPUTY CAMPAIOi TREASURERS. (1) A campaign treasurer may appoint 
deputy campaign treasurers, but not more than one in each county in which the 
campaign is conducted. Each candidate and political committee shall certify 
the full name and complete address of the campaign treasurer and all deputy 
campaign treasurers with the office with whom the candidate or the political 
committee is required to file reports. 

(2) Deputy campaign treasurers may exercise any of the powers and duties of 
a campaign treasurer as set forth in this chapter when specifically authorized 
in writing to do so by the campaign treasurer and the candidate, in the case of 
a candidate, or the campaign treasurer and the chairman of the political 
committee, in the case of a political committee. The written authorization 
shall be maintained as a part of the records required to be kept by the treas- 
urer, as specified in 13-37-208. 



137 CONTROL OF CAMPAIGN PRACTICES 13-37-206 

13-37-203. QUALIFICATKWS OF CAMPAIGN AND DEPUTY CAMPAIOi TREASURERS. Any 

campaign or deputy campaign treasurer appointed pursuant to 13-37-201 and 13- 
37-202 shall be a registered voter in this state. An individual may be ap- 
pointed and serve as a campaign treasurer of a candidate and a political 
committee or two or more candidates and political committees. A candidate may 
appoint himself as his own campaign or deputy campaign treasurer. No individual 
may serve as a campaign or deputy campaign treasurer or perform any duty 
required of a campaign or deputy campaign treasurer of a candidate or political 
committee until he has been designated and his name certified by the candidate 
or political committee. 

13-37-204. REMOVAL OF CAMPAIGN AND DEPUTY CAMPAIGN TREASURERS. A candidate 
or political committee may remove his or its campaign or deputy campaign 
treasurer. The removal of any treasurer or deputy treasurer shall immediately 
be reported to the officer with whom the name of the campaign treasurer was 
originally filed. In case of death, resignation, or removal of his or its 
campaign treasurer before compliance with any obligation of a campaign treas- 
urer under this chapter, the candidate or political committee shall appoint a 
successor and certify the name and address of the successor as specified in 13- 
37-201. 

13-37-205. CAMPAIGN DEPOSITORIES. Except as provided in 13-37-206, each 
candidate and each political conmiittee shall designate one primary campaign 
depository for the purpose of depositing all contributions received and dis- 
bursing all expenditures made by the candidate or political committee. The 
candidate or political committee may also designate one secondary depository in 
each county in which an election is held and in which the candidate or commit- 
tee participates. Deputy campaign treasurers may make deposits in and expendi- 
tures from secondary depositories when authorized to do so as provided in 13- 
37-202(2). Only a bank, credit union, savings and loan association, or building 
and loan association authorized to transact business in Montana may be desig- 
nated as a campaign depository. The candidate or political committee shall 
file the name and address of each primary and secondary depository so desig- 
nated at the same time and with the same officer with whom the candidate or 
committee files the name of his or its campaign treasurer pursuant to 13-37- 
201. Nothing in this section shall prevent a political committee or candidate 
from having more than one campaign account in the same depository, but a 
candidate may not utilize his regular or personal account in the depository as 
a campaign account. 

13-37-206. EXCEPTION FOR CERTAIN SCHOOL DISTRICTS. The provisions of this 
part, except 13-37-217, do not apply to candidates for the office of trustee of 
a school district, their political committees, and political committees or- 
ganized to support or oppose a school district issue when the school district 
is: 

(1) a first-class district located in a county having a population of less 
than 15,000; 

(2) a second- or third-class district; or 

(3) a county high school district having a student enrollment of less than 
2,000. 



13-37-207 ELECTIONS 138 

13-37-207. DEPOSIT OF CONTRIBUTIONS — STATEMENT OF CAMPAIGN TREASURER. (1) 

All funds received by the campaign treasurer or any deputy campaign treasurer 
of any candidate or political committee shall be deposited prior to the end of 
the fifth business day following their receipt (Sundays and holidays excluded) 
in a checking account, share draft account, share checking account, or negoti- 
able order of withdrawal accoxint in a campaign depository designated pursuant 
to 13-37-205. 

(2) A statement showing the amount received from or provided by each person 
and the account in which the funds are deposited shall be prepared by the 
campaign treasurer at the time the deposit is made. This statement along with 
the receipt form for cash contributions deposited at the same time and a 
deposit slip for the deposit shall be kept by the treasurer as a part of his 
records. 

13-37-208. TREASURER TO KEEP RECORDS. (I) The campaign treasurer of each 
candidate and each political committee shall keep detailed accounts (current 
within not more than 10 days after the date of receiving a contribution or 
making an expenditure, except that accounts shall be current as of the 5th day 
before the date of filing of a report as specified in 13-37-226) of all con- 
tributions received and all expenditures made by or on behalf of the candidate 
or political committee that are required to be set forth in a report filed 
under this chapter. 

(2) Accounts of a deputy campaign treasurer shall be transferred to the 
treasurer of a candidate or political committee before the candidate or politi- 
cal committee finally closes its books or when the position of a deputy cam- 
paign treasurer becomes vacant and no successor is appointed. 

(3) Accounts kept by a campaign treasurer of a candidate or political 
committee shall be preserved by the campaign treasurer for a period coinciding 
with the term of office for which the person was a candidate or for a period of 
A years, whichever is longer. 

13-37-209. INSPECTKM OF RECORDS. Accounts kept by the campaign treasurer 
of a candidate or political committee may be inspected under reasonable cir- 
cumstances before, during, or after the election to which the accounts refer 
by the campaign treasurer of any opposing candidate or political committee in 
the same electoral district. The right of inspection may be enforced by ap- 
propriate writ issued by any court of competent jurisdiction. The campaign 
treasurers of political committees supporting a candidate may be joined with 
the campaign treasurer of the candidate as respondents in such a proceeding. 

13-37-210. NAMING AND LABELING OF POLITICAL COMITTEES. (1) Any political 
committee filing a certificaion and organizational statement pursuant to 13-37- 
201 shall: 

(a) name and identify itself in its organizational statement using a name 
or phrase: 

(i) that clearly identifies the economic or other special interest, if 
identifiable, of a majority of its contributors; and 

(ii) if a majority of its contributors share a common employer, that iden- 
tifies the employer; and 

(b) label any media advertisement or other paid public statement it makes 
or causes to be made in support of or opposition to any candidate or ballot 
measure by printing or broadcasting its name, as provided under subsection 



139 CONTROL OF CAMPAIOi PRACTICKS 13-37-216 

(l)(a), and position in support of or opposition to the candidate or ballot 
measure as a part of the media advertisement or other paid public statement. 
(2) The naming and labeling requirements in subsection (1) are reporting 
requirements for purposes of enforcement under 13-37-128. 

13-37-211 through 13-37-214 reserved. 

13-37-215. PETTY CASH FUNDS ALLOWED. (1) The campaign treasurer for each 
candidate or political committee is authorized to withdraw the following amount 
each week from the primary depository for the purpose of providing a petty cash 
fund for the candidate or political committee: 

(a) for all statewide candidates and political committees filing reports 
pursuant to 13-37-226(1), $100 per week; and 

(b) for all other candidates and political committees, $25 per week. 

(2) The petty cash fund may be spent for office supplies, transportation 
expenses, postage stamps, and other necessities in an amount of less than $25. 
Petty cash shall not be used for the purchase of time, space, or services from 
any communications medium. 

13-37-216. LIKETATKMiS ON CONTRIBUTIONS. (1) Aggregate contributions for 
all elections in a campaign by an individual, other than the candidate, to a 
candidate and political committees organized on his behalf are limited as 
follows: 

(a) for candidates filed jointly for the office of governor and lieutenant 
governor, not to exceed $1,500; 

(b) for a candidate to be elected for state office in a statewide election, 
other than the candidates for governor and lieutenant governor, not to exceed 
$750; 

(c) for a candidate for public service commissioner, district court judge, 
or state senator, not to exceed $A00; and 

(d) for a candidate for any other public office, not to exceed $250. 

(2) For the purposes of this subsection, an independent committee means a 
committee which is not specifically organized on behalf of a particular can- 
didate or which is not controlled either directly or indirectly by a candidate 
or candidate's committee and which does not act jointly with a candidate or 
candidate's committee in conjunction with the making of expenditures or accept- 
ing contributions. For the purpose of limitation on contributions, political 
party organizations are independent committees. Aggregate contributions by an 
independent committee to a candidate and political committees organized on his 
behalf for all elections in a campaign are limited as follows: 

(a) for candidates filed jointly for the offices of governor and lieutenant 
governor, not to exceed $8,000; 

(b) for a candidate to be elected for state office in a statewide election, 
other than the candidates for governor and lieutenant governor, not to exceed 
$2,000; 

(c) for a candidate for public service commissioner, not to exceed $1,000; 

(d) for a candidate for the state senate, not to exceed $600; 

(e) for a candidate for any other public office, not to exceed $300. 

(3) The limitations imposed by this section do not apply to public funds 
contributed to a candidate under part 3 of this chapter. 



13-37-217 KLECTKHIS 140 

13-37-217. CONTRIBUTIONS IN NAME OF UNDISCLOSED PRINCIPAL. No person may 
make a contribution of his own money or of another person's money to any other 
person in connection with any election in any other name than that of the 
person who in truth supplies such money. No person may knowingly receive such 
a contribution or enter or cause the same to be entered in his accounts or 
records in another name than that of the person by whom it was actually fur- 
nished. 

13-37-218. LIMITATIONS ON RECEIPTS FROI POLITICAL COMMITTEES. A candidate 
for the state senate may receive no more than $1,000 in total combined monetary 
contributions from all political committees contributing to his campaign, and a 
candidate for the state house of representatives may receive no more than $600 
in total combined monetary contributions from all political committees con- 
tributing to his campaign. The foregoing limitations shall be multiplied by 
the inflation factor as defined in 15-30-101(8) for the year in which general 
elections are held after 198A; the resulting figure shall be rounded off to the 
nearest $50 increment. The commissioner of political practices shall publish 
the revised limitations as a rule. In-kind contributions may not be included 
in computing these limitation totals. The limitation provided in this section 
does not apply to contributions made by a political party eligible for a 
primary election under 13-10-601. 

13-37-219 through 13-37-224 reserved. 

13-37-225. REPORTS OF CONTRIBUTIONS AND EXPENDITURES REQUIRED. (1) Except 
as provided in 13-37-206, each candidate and political committee shall file 
periodic reports of contributions and expenditures made by or on the behalf of 
a candidate or political committee. All reports required by this chapter shall 
be filed with the commissioner and with the county clerk and recorder of the 
county in which a candidate is a resident or the political committee has its 
headquarters. However, where residency within a district, county, city, or 
town is not a prerequisite for being a candidate, copies of all reports shall 
be filed with the county clerk and recorder of the county in which the election 
is to be held or, if the election is to be held in more than one county, with 
the clerk and recorder in the county that the commissioner specifies. 

(2) In lieu of all contribution and expenditure reports required by this 
chapter, the commissioner shall accept copies of the reports filed by can- 
didates for congress and president of the United States and their political 
committees pursuant to the requirements of federal law. 

13-37-226. TIME FOR FILING REPORTS. (1) Candidates for a state office 
filled by a statewide vote of all the electors of Montana and political commit- 
tees which are specifically organized to support or oppose a particular state- 
wide candidate or issue shall file reports: 

(a) on the 10th day of March and September in each year that an election is 
to be held and on the 15th and 5th days next preceding the date on which an 
election is held and within 24 hours after receiving a contribution of $500 or 
more if received between the 10th day before and the day of the election; 

(b) not more than 20 days after the date of the election; and 

(c) on the 10th day of March and September of each year following an 
election until the candidate or political committee files a closing report as 
specified in 13-37-228(3). 



lAl CONTROL OF CAMPAIOi PRACTICES 13-37-228 

(2) Candidates for a state district office, including but not limited to 
candidates for the legislature, public service commission, or district court 
judge, and political committees which are specifically organized to support or 
oppose a particular state district candidate or issue shall file reports: 

(a) on the 10th day next preceding the date on which an election is held 
and within 24 hours after receiving a contribution of $100 or more if received 
between the 15th day before and the day of the election; 

(b) not more than 20 days after the date of the election; and 

(c) whenever a candidate or political committee files his or its closing 
report as specified in 13-37-228(3). 

(3) Candidates for any other public office and political committees which 
are specifically organized to support or oppose a particular local issue shall 
be required to file the reports specified in subsection (2) only if the total 
amount of contributions received or the total amount of funds expended for all 
elections in a campaign, excluding the filing fee paid by the candidate, 
exceeds $500, except as provided in 13-37-206. 

(4) For the purposes of this subsection, a committee which is not specifi- 
cally organized to support or oppose a particular candidate or ballot issue and 
which receives contributions and makes expenditures in conjunction with an 
election is an independent committee. For the purpose of reporting, a political 
party committee is an independent committee. An independent committee shall 
file reports: 

(a) on the 10th day next preceding the date of an election in which it 
participates by making an expenditure; 

(b) not more than 20 days after the date of the election in which it 
participates by making an expenditure; and 

(c) a closing report at the close of each calendar year, on a date to be 
prescribed by the coiranissioner. 

(5) The commissioner may promulgate rules regarding the extent to which 
organizations that are not primary political committees but are incidental 
political committees shall report their politically related activities in 
accordance with this chapter. 

(6) All reports required by this section shall be complete as of the fifth 
day before the date of filing as specified in 13-37-225(2) and subsections (l) 
through (5) of this section. 

13-37-227. COMPREHENSIVE REPORT WHEN SEVERAL CANDIDATES OR ISSUES INVOLVED. 

The commissioner shall adopt rules that will permit political committees, 
including political parties, to file copies of a single comprehensive report 
when they support or oppose more than one candidate or issue. The commissioner 
shall adopt rules under which committees filing periodic reports with the 
federal election commission and committees headquartered outside the state of 
Montana shall report in accordance with this title. 

13-37-228. TIME PERIODS COVERED BY REPORTS. Reports filed xmder 13-37-225 
and 13-37-226 shall be filed to cover the following time periods even though no 
contributions or expenditures may have been received or made during the period: 

(1) The initial report shall cover all contributions received or expendi- 
tures made by a candidate or political committee prior to the time that a 
person became a candidate or a political committee as defined in 13-1-101 until 
the fifth day before the date of filing of the appropriate initial report 
pursuant to subsections (1) through (4) of 13-37-226. 



13-37-229 KLECTKMiS 142 

(2) Subsequent periodic reports shall cover the period of time from the 
closing of the previous report to 5 days before the date of filing of a report 
pursuant to 13-37-226(1) through (A). 

(3) Closing reports shall cover the period of time from the last periodic 
report to the final closing of the books of the candidate or political commit- 
tee. A candidate or political committee shall file a closing report following 
an election in which he or it participates whenever all debts and obligations 
are extinguished and no further contributions or expenditures will be received 
or made which relate to the campaign, unless the election is a primary election 
and the candidate or political committee will participate in the general 
election. 

13-37-229. DISCLOSURE OF CONTRIBUn(»JS RECEIVED. Each report required by 
this chapter shall disclose the following information: 

(1) the amount of cash on hand at the beginning of the reporting period; 

(2) tj;ie full name and mailing address (occupation and the principal place 
of business, if any) of each person who has made aggregate contributions 
(including the purchase of tickets and other items for events such as dinners, 
luncheons, rallies, and similar fundraising events), other than loans, to the 
candidate or political committee, of: 

(a) $75 or more if the candidate has filed for a state office to be filled 
by a statewide vote of all the electors of Montana or if the political commit- 
tee was specifically organized to support or oppose a particular statewide 
candidate or issue; or 

(b) $35 or more for any other candidate or political committee; 

(3) for each person identified under subsectin (2), the aggregate amount of 
contributions made by that person within the reporting period and the total 
amount of contributions made by that person; 

(4) the total sum of individual contributions made to or for the political 
committee or candidate and not reported under subsections (2) and (3) of this 
section; 

(5) the name and address of each political committee or candidate from 
which the reporting coiranittee or candidate received any transfer of funds, 
together with the amount and dates of all transfers; 

(6) each loan from any person during the reporting period, together with 
the full names and mailing addresses (occupation and principal place of busi- 
ness, if any) of the lender and endorsers, if any, and the date and amount of 
each loan; 

(7) the amount and nature of debts and obligations owed to a political 
committee or candidates, in the form prescribed by the commissioner; 

(8) an itemized account of proceeds which total less than $75 under subsec- 
tion (2)(a), or $35 under subsection (2)(b), from a person from mass collec- 
tions made at fund-raising events; 

(9) each contribution, rebate, refxind, or other receipt not otherwise 
listed under subsections (2) through (8) of this section during the reporting 
period; 

(10) the total sum of all receipts received by or for the committee or 
candidate during the reporting period; and 

(11) other information that may be required by the commissioner to fully 
disclose the sources of funds used to support or oppose candidates or issues . 



ELECn(»« AND CAMPAIOI PRACTICES 
143 AND CRIMINAL 13-37-231 



13-37-230. DISCLOSURE OF EXPENDITURES MADE. Each report required by this 
chapter shall disclose the following information, except that a candidate shall 
only be required to report the information specified in this section if the 
transactions involved were undertaken for the purpose of influencing an elec- 
tion: 

(1) the full name and mailing address (occupation and the principal place 
of business, if any) of each person to whom expenditures have been made by the 
committee or candidate during the reporting period, including the amount, date, 
and purpose of each expenditure and the total amoxint of expenditures made to 
each person; 

(2) the full name and mailing addresses (occupation and the principal place 
of business, if any) of each person to whom an expenditure for personal ser- 
vices, salaries, and reimbursed expenses have been made, including the amount, 
date, and purpose of that expenditure and the total amoiint of expenditures made 
to each person; 

(3) the total sum of expenditures made by a political committee or can- 
didate during the reporting period; 

(4) the name and address of each political committee or candidate to which 
the reporting committee or candidate made any transfer of funds, together with 
the amount and dates of all transfers; 

(5) the name of any person to whom a loan was made during the reporting 
period, including the full name and mailing address (occupation and principal 
place of business, if any) of that person, and the full name and mailing 
address (occupation and principal place of business, if any) of the endorsers, 
if any, and the date and amount of each loan; 

(6) the amount and nature of debts and obligations owed by a political 
committee or candidate in the form prescribed by the commissioner; 

(7) other information that may be required by the commissioner to fully 
disclose the disposition of funds used to support or oppose candidates or 
issues. 

13-37-231. REPORTS TO BE CERTTFIED AS TRUE AND CORRECT. (1) A report 
required by this chapter to be filed by a candidate or political coiranittee 
shall be verified as true and correct by the oath or affirmation of the in- 
dividual filing the report. The individual filing the report shall be the 
candidate or an officer of a political committee who is on file as an officer 
of the committee with the commissioner. 

(2) A copy of a report or statement filed by a candidate or political 
committee shall be preserved by the individual filing it for a period coincid- 
ing with the term of office for which the person was a candidate or for a 
period of 4 years, whichever is longer. 



13-37-301 KLECnWlS 14A \ 

Part 3 

Public Canqiaign Finance 

13-37-301. SHORT TITLK. This part may be cited as "The Public Campaign Fund 
Act" . 

13-37-302. DEFINITIONS. As used in this part, unless the context requires 
otherwise, the following definitions apply: 

(1) "Fund" means the election campaign ftind established in 13-37-304. 

(2) "Political party" is a party whose candidate for governor in the last 
general election received 5% or more of the total votes cast for that office as 
verified by the secretary of state. 

(3) "Department" means the department of revenue provided for in Title 2, 
chapter 15, part 13. 

(4) "Candidate" means an individual who has been nominated by a political 
party for election to the office of governor- lieutenant governor or has been 
nominated in the nonpartisan primary election for the office of chief justice 
or justice of the supreme court in this state. 

(5) "Individual" means a natural person. 

13-37-303. DWJATION BY TAXPAYER. (1) An individual whose withheld income 
tax or payment of estimated tax exceeds by more than $1 his income tax liabil- 
ity for the taxable year may donate $1 to be paid to the fund. In the case of 
a joint return, as provided in 15-30-142, of a husband and wife having an 
income tax overpayment as defined in 15-30-149 of $2 or more, each spouse may 
donate $1 to be paid to the fund. 

(2) An individual with an xrnpaid tax liability may at the time of payment 
donate an extra $1 to be paid to the fund. 

(3) The department shall provide a place on the face of the blank form of 
return, provided for in 15-30-144, where an individual may make the donations 
provided for in subsections (1) and (2). The form shall adequately explain the 
individual's option to donate $1 to the fund. 

13-37-304. PUBLIC CAMPAIGN FUND. (1) There is a public campaign fund within: 
a state special revenue fund provided for in 17-2-102. 

(2) All money designated under 13-37-303 shall be deposited in the fund. 
Such money in the fund is statutorily appropriated as provided in 17-7-502, for- 
the purpose of subsection (3) and (4). 

(3) (a) Five months before the general election in the election year, money, 
in the fund shall be paid over in equal amounts to all eligible candidates for 
the designated political office according to the percentages in (3)(b). The 
money shall be spent only for the legitimate campaign expenses of the can- 
didates. 

(b) The money shall be distributed in the following percentages: 
(i) campaign for office of governor- lieutenant governor, 50%; 
(ii) campaigns for offices of chief justice and justice of the supreme 
court, 50% equally allocated to each eligible campaign fund. 

(4) Three months before the general election in a general election year thei 
remainder of any money in the fxrnd shall be remitted to the treasurer of each 
candidate in the same proportion as provided in subsection (3)(b). 



145 POLITICAL PARTIES 13-37-308 

13-37-305. RECORDS TO BE KEPT — AVAILABILITY. (1) The treasurer of each 
political party shall maintain a complete record of all disbursements of funds 
received by him under 13-37-30A and used for the candidate's campaign expenses 
plus receipts or other evidence of each expense. 

(2) The record shall be available for inspection by anyone at any reason- 
able time. A copy shall be deposited in the office of the secretary of state by 
December 31 of each general election year. 

13-37-306. PENALTIES FOR VIOLATION. The use of money from the fund by 
anyone for any purpose other than the legitimate campaign expenses of a can- 
didate for a designated public office is an offense and is punishable by 
imprisonment for not more than 1 year, by a fine of not more than $5,000, or by 
both. 

13-37-307. APPLICATION TO RECEIVE HCNIEY. All candidates who wish to receive 
money from the fund must notify the department on a form prescribed and sup- 
plied by the department. Acceptance of money from the fund is voluntary. 

13-37-308. UNOPPOSED CANDIDATES INELIGIBLE. In a campaign where the can- 
didate is unopposed, including campaigns for chief justice or justice of the 
supreme court, the candidate may not receive any campaign funds. 



CHAPTER 38 

POLITICAL PARTIES 

Part 1 — General Provisions 

Section 

13-38-101. Powers of parties. 

13-38-102. Repealed. Sec. 1, Ch. 513, L. 1981. 

13-38-103. Department of Justice to submit new-voter lists to major political 

parties. 

13-38- lOA. Party rules to be filed with secretary of state. 

13-38-105. County coimnittee rules to be filed with election administrator. 

Part 2 — Committee Structure 

13-38-201. Election of committeemen at primary. 

13-38-202. Committeemen as party representatives -- county and city central 

committees. 
13-38-203. Powers of county and city central committees -- role of state 

central committee where no county central committee exists. 
13-38-204. Committees to fill vacancies among nominees under certain 

circumstances . 
13-38-205. Organization and operation of committee. 



13-38-101 ELECTIONS 146 



Part 1 
General Provisions 



13-38-101. POWERS OF PARTIES. Each political party shall have power to: 

(1) make its own rules; 

(2) provide for and select its own offices; 

(3) call conventions and provide for the number and qualifications of 
delegates; 

(A) adopt platforms; 

(5) provide for selection of delegates to national conventions; 

(6) provide for the nomination of presidential electors; 

(7) provide for the selection of national committeemen and women; 

(8) make nominations to fill vacancies occurring among its candidates 
nominated for offices to be filled by the state at large or by any district 
consisting of more than one county where such vacancies are caused by death, 
resignation, or removal from the electoral district; 

(9) perform all other functions inherent in such an organization. 

13-38-102. REPEALED. Sec. 1, Ch. 513, L. 1981. 

13-38-103. DEPARTMENT OF JUSTICE TO SUBMIT NEW-VOTER LISTS TO MAJOR 
POLITICAL PARTIES. No later than January 31 in any year in which a general 
election is held, the division of motor vehicles, department of justice, shall 
submit to the chairman of each major political party of the state four copies 
of a list prepared from its driver license registration files, showing names 
and addresses of all persons, compiled on a county by county basis, who have 
reached voting age since the last general election and those who will reach 
voting age before the date of the general election. No official of the divi- 
sion of motor vehicles shall be responsible for any honest error or omission in 
preparing the lists. 

13-38-104. PARTY RULES TO BE FILED WITH SECRETARY OF STATE. The state 
central committee of each political party in this state must file a current 
copy of the rules of government of the party with the secretary of state. 

13-38-105. COUNTY COMMITTEE RULES TO BE FILED WITH ELECTICM ADMINISTRATOR. 

The county committee of each political party of this state must file a current 
copy of its rules of government with the election administrator. 

Part 2 

Committee Structure 

13-38-201. ELECTION OF COMMITTEEMEN AT PRIMARY. (1) Each political party 
shall elect at each primary election one man and one woman who shall serve as 
committeemen for each election precinct. The committeemen shall be residents 
and registered voters of the precinct. 

(2) An elector may be placed in nomination for committeeman by a writing so 
stating, signed by the elector, notarized, and filed in the office of the 



147 POLITICAL PARTIES 13-38-205 

registrar within the time for filing declarations naming candidates for nomina- 
tion at the regular biennial primary election. 

(3) The names of candidates for precinct committeeman of each political 
party shall be printed on the party ticket in the same manner as other can- 
didates and the voter shall vote for them in the same manner as he does for 
other candidates. 

13-38-202. COMITTKQIKN AS PARTY RKPRESENTATIVKS -- COUNTY AND CITY CENTRAL 
CCT1MITTEES. (1) Each committeeman shall represent his political party for the 
precinct in all ward or subdivision committees formed. 

(2) The committeemen in each precinct shall constitute the county central 
committee of the respective political parties. 

(3) Committeemen who reside within the limits of a city are ex officio the 
city central committee of their respective political parties and have the power 
to make their own rules not inconsistent with those of the county central 
committee. However, the county central committee has the power to fill vacan- 
cies in the city central committee. 

(A) Each precinct committeeman has a term of 2 years from the date of his 
election. 

(5) If a vacancy occurs, the remaining members of the county committee may 
select a precinct resident to fill the vacancy. 

13-38-203. POWERS OF COUNTY AND CITY CENTRAL COMKTTTEES — ROLE OF STATE 
CENTRAL COMMITTEE WHERE NO COUNTY CENTRAL CCMMITTEE EXISTS. (1) The county and 
city central committee may: 

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

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

(2) If there is no county central committee, the state central committee 
shall appoint a coxinty central committee. 

13-38-204. COMMITTEES TO FILL VACANCIES MKXK NOMINEES UNDER CERTAIN 
CIRCUMSTANCES. County and city central committees may make nominations to fill 
vacancies occurring among the candidates of their respective parties nominated 
for city or county offices by the primary election if the vacancy is caused by 
death, resignation, or removal from the electoral district but not otherwise. 

13-38-205. ORGANIZATKMI AND OPERATKW OF COMMITTEE. (1) The committee shall 
meet prior to the state convention of its political party and organize by 
electing a chairman and one or more vice-chairmen. The chairman or first vice- 
chairman shall be a woman. The committee shall elect a secretary and other 
officers as are proper. It is not necessary for the officers to be precinct 
committeemen . 

(2) The committee may select managing or executive committees and authorize 
subcommittees to exercise all powers conferred upon the county, city, state, 
and congressional central committees by the election laws of this state. 

(3) The chairman of the county central committee shall call the central 
committee meeting and not less than A days before the date of the central 



13-38-205 ELKCTKMS 148 

connnittee meeting shall publish the call in a newspaper published at the county 
seat and mail a copy of the call to each precinct committeeman. If 
party rules permit the use of a proxy, no proxy may be recognized unless 
held by an elector of the precinct of the committeeman executing it. 

(a) The county chairman of the party shall preside at the cotinty conven- 
tion. No person other than a duly elected or appointed committeeman or officer 
of the committee is entitled to participate in the proceedings of the commit- 
tee. 

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

(6) The county convention shall elect delegates and alternate delegates to 
the state convention vmder rules of the state party. The chairman and secretary 
of the cotinty convention shall issue and sign certificates of election of the 
delegates . 



149 GENERAL INDEX 



ABSENTEE VOTING 

affirmation of ballot, 13-13-221 
verification, 13-13-241 
application for ballot 

ballot, attachment to returned ballot, 13-13-231 

federal postcard, 13-2-212, 13-2-214, 13-13-212 

registration card, comparison of signatures, 13-13-213 

special for chronically ill, physically incapacitated elector, 
13-13-211 

time, 13-13-211 

transmittal, 13-13-213 

united states service, persons in, 13-2-212, 13-2-21A 

when, 13-13-211 

written request, 13-13-212 
availability of ballots, 13-13-205, 13-13-222 
ballot box, deposit, 13-13-241, 13-13-244 

certificate of absentee voting information, 13-13-233, 13-13-234 
chronically ill, 13-13-211, 13-13-234 
counting boards, 13-4-101, 13-15-104, 13-15-105 
death of voter, 13-13-204, 13-13-243 
delivery of ballots to judges, 13-13-232 
delivery of ballot to voter, 13-13-213, 13-13-214 
destroyed ballots, 13-13-204, 13-13-243 
election administrator, voting before prior to election, 13-13-222, 

See also COUNTY ELECTION ADMINISTRATOR 
errors or omissions, 13-13-204, 13-13-243 
examination of ballot, 13-13-241, 13-13-242 
failure to receive ballot, 13-13-204, 13-13-243 
federal postcard application, 13-2-212, 13-2-214, 13-13-212 
federal write-in absentee ballot 13-13-271- 13-13-273 
grounds, 13-13-201, 13-13-222 

handicapped voters, by, 13-13-222, See also HANDICAPPED VOTERS 
instructions, 13-13-214 
judges of elections, by, 13-13-201 

late receipt of ballot, 13-2-401, 13-13-232, 13-13-233 
mail ballot elections, 13-19-303 
mailing of ballot to voter, 13-13-214 
marking ballot, 13-13-221 
numbering of ballots, 13-13-233 
opening of ballots, 13-13-241, 13-13-244 
pollbooks, entries, 13-13-234 
presence of voter on election day, may vote in person when, 

13-13-204, 13-13-243 
records, 13-13-233, 13-13-234 
registration of voter, effect, 13-2-401 
rejected ballots. See also CANVASSING OF VOTES 

disposition, 13-13-243 

endorsement, 13-13-232 



150 

number, recording, 13-13-233 

revote in person, 13-13-20A, 13-13-2A3 

when, 13-13-232, 13-13-241 
reservation of ballots, recording, 13-12-102 

residence change immediately prior to election, upon, 13-2-514 
retention of late ballots, 13-13-232, 13-13-233 
return of voted ballot 

disposition of ballot, 13-13-231 

envelope, 13-13-214, 13-13-221 

late receipt, 13-2-401, 13-13-232, 13-13-233 

mail, 13-13-221 

personal delivery to election administrator, 13-13-221 
stamping of ballots, 13-13-214 
voting by elector when absent during conduct of mail ballot 

election, 13-19-303 
voting in person, when allowable, 13-13-204 
voting machines or devices in precincts where used, 13-13-203, 

13-13-204, 13-15-202 
when, 13-13-201 

ACTIONS 

ballot issues, adjudication of statements of purpose or implication on 

fiscal statement, 13-27-316 
campaign violations. See CAMPAIGN FINANCE; CAMPAIGN PRACTICES 
commissioner of political practices, appeal of removal from 

office, 13-37-102 
contests, 13-36-101, See CONTEST OF ELECTION 
injiinctions, 13-35-108 

precinct register, to compel entry of name, 13-2-602 
recounts, 13-16-301, See RECOUNTS, court order, under 
registration, to compel, 13-2-602 
voiding election, 13-35-107 

AIMtNISTRATKM, 13-1-201, 13-1-301, See COUNTY ELECTION 
ADMINISTRATOR; SECRETARY OF STATE AS CHIEF ELECTION OFFICER 

AIMINISTRATION, DEPABTMENT OF - bids and printing of voter 
information pamphlet, 13-27-410 

ADVERTISING, See CAMPAIGN PRACTICES 

ADVISORY OPINKMS, 13-1-202 

AMENDMENTS TO CWiSTITUTIONS, See BALLOT ISSUES; CONSTITUTION OF 
THE UNITED STATES 

ANNUAL LOCAL ELECTIONS, See POLITICAL SUBDIVISIONS, ELECTIONS OF 

ANNUUfENT OF ELECTKM, 13-35-107, See also CONTEST OF ELECTION 

APPLICABILITY OF LAWS, 13-1-201 



151 GENERAL INDEX 



ARREST 

authority, 13-13-122 
exemptions when, 13-1-115 

ATTORNEY GENERAL 

election duties 
ballot issues 

arguments, improper -- approval of rejection, 13-27-A08 
ballot form, approval, 13-27-310, 13-27-313, 13-27-315 
committees for arguments for and against, appointment, 

13-27-402 
fiscal statement, 13-27-312, 13-27-315, 13-27-316, 

13-27-501 
petition, approval, 13-27-202, 13-27-312 
statements of implication or purpose, 13-27-312, 
13-27-315, 13-27-316, 13-27-501 
campaign violations, deputy attorneys general to prosecute, 

13-37-113 
constitutional amendments, summary for notice, 13-27-311 
state canvassers, member of board, 13-15-502 
election of 

ballot arrangement, 13-12-207 
tie vote, 13-16-504 

ATTORNEYS AT LAW 

campaign violations, as special attorneys general, 13-37-113 
contested, attorney's fees, 13-36-204, 13-36-205, 13-36-207 

BALLOT ISSUES 

abstract of votes, 13-27-503 

applicability of laws, 13-27-101 

attorney general, duties. See ATTORNEY GENERAL 

ballot 

abbreviated form, 13-27-501 

approval by attorney general, 13-27-310, 13-27-312, 12-27-313 

certification, 13-10-208, 13-12-201, 13-27-501 

contents, 13-27-501 

marking, 13-12-209, 13-13-117, 13-19-301 

placement, 13-12-207, 13-27-501 

preparation, 13-12-212, 13-27-502 

primary election, in, 13-10-209 

printing, 13-12-212 

separate ballots, 13-10-209, 13-17-306, 13-27-502 

statements of implication or purpose, 13-27-312, See statements 



152 



of implication or purpose, in this category 

title, 13-27-312 

transmittal to counties, 13-27-501 

voting machine requirements, 13-17-lOA, 13-17-306 
canvassing of votes, 13-15-505, 13-27-503 

effective date determined from, 13-27-105 

recounts, 13-16-201, 13-16-301, 13-16-411, 13-16-A18, See also 
RECOUNTS 

report of canvass, information to be included, 13-15-404, 
13-15-506 

transmittal to legislative council, 13-27-504 
certification to election administrator, 13-10-208, 13-27-501 
constitutional amendments, Montana constitution 

applicability of laws, 13-27-101 

ballot arrangement, 13-12-207 

ballot issue, defined as, 13-1-101 

effective date of, 13-27-105 

"general election" defined, 13-1-101 

notice of proposed amendment, 13-27-311 

petition form, 13-27-207 

publication of proposed amendment, 13-27-311 

right, 13-27-101 
constitutional amendments, u.s. constitution. See CONSTITUTION OF 

THE UNITED STATES 
constitutional conventions. See CONSTITUTION OF MONTANA; 

CONSTITUTION OF THE UNITED STATES 
counting of votes, 13-27-503 
crimes and prohibited acts 

falsification of petition, 13-27-106, 13-35-207 
warnings, 13-27-204 - 13-27-207 

tampering with petition, 13-27-106 
warnings, 13-27-204 - 13-27-207 

date of election, 13-1-101, 13-1-104 
defined, 13-1-101 
duplicate signatures, 13-27-303 
effective date, 13-27-105 
exit polling, 13-35-211, 13-35-218 

election administrator, duties. See COUNTY ELECTION ADMINISTRATOR 
explanatory statement. See statements of implication or purpose, in 

this category 
falsification, 13-27-106, 13-27-204 - 13-27-207, 13-35-207 
fiscal note and statement 

certification by secretary of state, 13-27-501 

preparation, 13-27-312 

referred legislation, upon, 13-27-315 

required, 13-27-312 

review by court, 13-27-316 

voter information pamphlet, inclusion in, 13-27-401 
fraud, 13-27-106, 13-27-204 - 13-27-207 
fraudulent or duplicate signatures, 13-27-303 
general election 

defined for, 13-1-101 



153 GENERAL INDEX 



vote in, 13-1-lOA 
governor, duties. See GOVERNOR 
initiatives 

applicability of laws, 13-27-101 
fraudulent duplicate signatures, 13-27-303 
petition form, 13-27-20A 

constitutional amendment, 13-27-207 

constitutional convention, 13-27-206 
right, 13-27-101 

signature gathering, 13-13-122, 13-35-211, 13-35-218 
legislative council, duties. See LEGISLATIVE COUNCIL 
mail ballot elections, 13-19-104 

initiation by election administrator, 13-19-203 
initiation by governing body, 13-19-202 
notice 

ballot form, approval or rejection, 13-27-313 
constitutional amendment proposal, 13-27-311 
fiscal statements, action for review, 13-27-316 

appeal, notice of appeal, 13-27-316 
petition, approval or rejection, 13-27-202 
statements of purpose or implication, action for review, 
13-27-316 

appeal, notice of appeal, 13-27-316 
voter information pamphlet 

committee appointments, notice to appointees, 13-27-A03 

copies, where may be obtained, 13-27-401 
petitions 

approval, 13-27-202, 13-27-312, 13-27-316 

attorney general opinions, 13-27-202, 13-27-312, 13-27-316 

certification of 

circulator, 13-27-302 

election official, 13-27-304, 13-27-305, 13-27-307 

notary public, 13-27-307 

secretary of state, 13-27-308 
challenge of signatures, 13-27-306 
constitutional amendment, form, 13-27-207 
constitutional conventions, form, 13-27-206 
copies, 13-27-305 
court approval, 13-27-316 
destruction of records, 13-27-305 
duplicate or fraudulent signatures, 13-27-303 
electors, by, 13-27-102 
errors, 13-27-201 

falsification, 13-27-106, 13-35-207 
filing, 13-27-104, 13-27-316 
form, 13-27-201 

approval, 13-27-202, 13-27-312, 13-27-316 

constitutional amendments, 13-27-207 

constitutional conventions, 13-27-206 



154 

initiatives, 13-27-20A 

referenda, 13-27-205 
fraudulent or duplicate signatures, 13-27-303 
governor, certification to, 13-27-308 
initiatives, form, 13-27-204 

legislative council, recommendations by, 13-27-202 
notarization, 13-27-307 
numbering, 13-27-203 

recommendations by legislative council, 13-27-202 
referenda, form, 13-27-205 
review, 13-27-202, 13-27-312, 13-27-316 
sample, 13-27-202 
signatures 

allocation following reapportionment, 13-27-303 

certification, 13-27-302 

challenge, 13-27-306 

duplicate, 13-77-303 

fraudulent, 13-27-303 

number required for placement on ballot, 13-27-20A - 13-27-207 

reapportionment, effect on, 13-27-303 

solicitation on election day, 13-35-218 

sufficiency, 13-27-103 

tabulation, 13-27-307 

withdrawal of, 13-27-301 
sufficiency of signatures, 13-27-103 
tabulation of signatures, 13-27-307 
tampering with, 13-27-106 

text of issue on, 13-27-202, 13-27-204 - 13-27-207 
title, 13-27-312 
verification, 13-27-303 

affidavit of circulator, 13-27-302 

filing for, 13-27-301 

transmittal to secretary of state, 13-27-304 
who may, 13-27-102 
withdrawal of signatures, 13-27-301 
political committee 
defined, 13-1-101 
finance reports, 13-37-226 

polling place, solicitation of voter, 13-13-122, 13-35-211, 
13-35-218 
proclamation of adoption or rejection by 
county canvassers, 13-15-405 
state canvassers, 13-15-507 
reapportionment, effect on certification of signatures, 13-27-303 
recount when, 13-16-201, 13-16-301, 13-16-411, 13-16-418, See 

also RECOUNTS 
referenda 

applicability of laws, 13-27-101 
fiscal note and statement, 13-27-315 
numbering, 13-27-203 
petitions, forms, 13-27-205 
right, 13-27-101 



155 GENERAL INDEX 



statements of purpose and implication, 13-27-315 
' register of candidates, information to be included, 13-10-205 
results, determination, 13-27-503, 13-27-50A 
returns, 13-27-503 
right to, 13-27-101 
secretary of state, duties. See SECRETARY OF STATE AS CHIEF 

ELECTION OFFICER 
solicitations of voter at polling place, 13-13-122, 13-35-211, 

13-35-218 
statements of implication or purpose 

certification by secretary of state, 13-27-501 
committee, preparation by, 13-27-312 
petition, upon, 13-27-312 
referred legislation, upon, 13-27-315 
review by court, 13-27-316 
review by secretary of state, 13-27-202 
title of measure, becomes, 13-27-312 
time 

approved issues, transmittal to legislative coxoncil, 13-27-50A 
ballot form 

approval, 13-27-313 

transmittal to attorney general, 13-27-310 
transmittal to counties, 13-27-501 
constitutional amendment, publication, 13-27-311 
elections held when, 13-1-lOA 
fiscal notes and statements 
adjudication, 13-27-316 
preparation, 13-27-312 
petition 

approval, 13-27-202, 13-27-312 
filing, 13-27-lOA 

legislative council review and recommendations, 13-27-202 
sample, submission, 13-27-202 
statements of purpose and implication 
adjudication, 13-27-316 
transmittal, 13-27-312, 13-27-315 
voter information pamphlet 

arguments, filing, 13-27-A06, 13-27-A07 
committee appointments, filing, 13-27-A03 
distribution, 13-27-AlO 

requisition to department of administration, 13-27-AlO 
title 

petition, statement of purpose as, 13-27-312 
unlawful practices 

falsification of petition, 13-27-106, 13-35-207 

warnings, 13-27-20A - 13-27-207 
tampering with petition, 13-27-106 
warnings, 13-27-20A - 13-27-207 
voter information pamphlets 



156 



arguments 

approval by majority of committee, 13-27-406, 13-27-407 

filing, 13-27-406 

form, 13-27-406 

improper, 13-27-408, 13-27-409 

length, 13-27-406 

liability, 13-27-409 

preparation by committee, 13-27-402 

rebuttals, 13-27-407 

rejection, 13-27-408 

submission to secretary of state, 13-27-402 
bids on, 13-27-410 
committees to prepare arguments 

appointment, 13-27-402, 13-27-403 

chairman, 13-27-404 

composition, 13-27-402 

expenses, 13-27-405 

required, 13-27-402 
contents, 13-27-401 
delivery, 13-27-410 
distribution, 13-27-410 
fiscal statement in, 13-27-401 
form, 13-27-401 
number, 13-27-410 
order of information, 13-27-401 
printing, 13-27-410 
required, 13-27-401 
voters, solicitation at polls, 13-13-122, 13-35-211, 13-35-218 
voting machine requirements, 13-17-104, 13-17-306 
withdrawal of signatures, 13-27-301 

BALLOTS 

absentee. See ABSENTEE VOTING 
arrangement 

alphabetical, 13-12-205 

ballot issues, 13-12-207 

constitutional amendments, 13-12-207 

double nomination, when, 13-10-303 

lot, determined by, 13-12-205 

office 

grouping of names xinder, 13-12-203 
order, 13-12-207 

order, 13-12-207, 13-17-206 

printing, 13-17-305 

rotation, 13-12-205 

voting machine or device, for, 13-17-206 

write-in blanks, 13-12-208 
ballot issues. See BALLOT ISSUES 
campaign reporting, removal from ballot for failure to file, 

13-37-126 
casting. See ABSENTEE VOTING; VOTING PROCEDURE, 



157 GENERAL INDEX 



certification, 13-12-201 

ballot issues, 13-27-501 

falsification, 13-35-207 

presidential election, 13-25-101 

primary election, 13-10-208, 13-10-327 
constitutional amendments and convention, u.s., 13-26-105 
constitutional convention, Montana, 13-1-122 
contents, 13-12-202 
counting. See CANVASSING OF VOTES 

delivery to polling place, 13-3-213, 13-12-102, 13-12-210 
destroyed. See Absentee Voting, 13-3-213 
destruction, 13-1-303 

disposition after election, 13-1-303, 13-15-205 
failure to receive. See Absentee Voting 
form, 13-12-202, 13-12-212 

constitutional amendment, u.s., 13-26-105 

constitutional convention, Montana, 13-1-122 

primary elections, 13-10-209 

secretary of state, prescribed by, 13-1-202 
injxinction restraining preparation, 13-35-221 
invalid ballots, 13-12-212 

judicial officers, unopposed incumbents, 13-14-212, 13-14-213 
labels when vacancy filled, 13-12-20A 
lot, arrangement of names determined by, 13-12-205 
mail ballot elections. See MAIL BALLOT ELECTIONS 
marking. See ABSENTEE VOTING; VOTING PROCEDURE 
names, format, 13-12-203, 12-12-205 
nonpartisan primary ballots, 13-14-115 
number to each precinct, 13-12-210 
paper ballots 

form and instructions, 13-12-209 

pollbook entries, 13-13-115 

voting machines or devices, use in lieu of or in addition to, 
13-17-305, 13-17-306 

when not required, 13-17-305 
party designation, 13-10-303, 13-12-203 

primary election, 13-10-209, 13-10-303 
places of deposit, mail ballot procedure, 13-19-307 
preservation, 13-1-303 

presidential electors' names not to be printed, 13-25-101 
primary elections, specific provisions. See PRIMARY ELECTIONS AND 

NOMINATIONS 
printing, 13-12-201 

primary elections, 13-10-208 
provision by election administrator, 13-12-212 
rejection, See ABSENTEE VOTING; CANVASSING OF VOTES 
rotation of names, 13-12-205 

sample ballots, 13-12-214, 13-13-112, 13-17-203 
secret ballot. See SECRET BALLOT 



158: 



spoiled, 13-12-210, 13-13-112, 13-13-117, 13-19-305 

uniformity, 13-12-202 

vacancies, labels when filled, 13-12-204 

voting machines. See VOTING MACHINES OR DEVICES 

voting procedure. See VOTING PROCEDURE 

write-in blanks, 13-12-208 

BOAKDS 

absentee, special, 13-13-225 thru 13-13-230 

counting, 13-A-lOl, 13-15-103 

county canvassers. See CANVASSING OF VOTES 

county recount. See RECOUNTS 

state canvassers. See CANVASSING OF VOTES 

BRIBERY, See CRIMES AND PROHIBITED ACTS 

BUDGET DIRECTOR, preparation of fiscal notes for ballot issues, 
13-27-312 

CAMPAIGN FINANCE, See also CAMPAIGN PRACTICES, statements and 
information to be filed with commissioner of political practices; 
CAMPAIGN TREASURER 
accounts 

currency, 13-37-208 

deputies, of, 13-37-208 

detail, 13-37-208 

inspection, 13-37-209 

preservation, 13-37-208 

uniform system, 13-37-117 
accounts for deposit, type, 13-37-207 
actions for inspection of accounts, 13-37-209 
actions for violations, 13-37-128 

commencement, 13-37-124 

damages, 13-37-128, 13-37-129 

evidence, 13-37-125 

exclusive remedy, 13-37-130 

fines, disposition, 13-37-129 

investigation, 13-37-125 

judgment, 13-37-130 

notice to county attorney, 13-37-124 

prosecution, 13-37-124 

statute of limitations, 13-37-130 
advertising, 13-37-215 
contributions 

corporate, 13-35-227, 13-35-228 

defined, 13-1-101 

deposit, 13-37-207 

employers, unlawful acts, 13-35-226, 13-35-228 

limitation, 13-37-216 

name of contributor required, 13-37-217 

political (action) committee contribution limited, 13-37-218 



159 GENERAL INDEX 



report required, 13-37-225, 13-37-229, See reporting 
requirements, in this category 

statement, 13-37-207, See also CAMPAIGN PRACTICES 
depositories, 13-37-205 
election laws, distribution, 13-12-101 
employers coercing or requiring contributions from employees 

unlawful, 13-35-226, 13-35-228 
exceptions for school districts, 13-37-206 
expenditures 

defined, 13-1-101 

reporting required, 13-37-225, 13-37-230, See reporting 
requirements in this category 
forms, provision, 13-37-117 
income tax checkoff, 13-37-303 

investigative authority, 13-37-111, 13-37-123, 13-37-125 
laws, distribution, 13-12-101 
manuals on accounting system, 13-37-117 
media expenses, 13-37-215 
noncompliance orders. See CAMPAIGN PRACTICES, statements and 

information to be filed with commissioner of political practices 
petty cash fund, 13-37-215 
political (action) committee contributions limited, 13-37-218 

naming and labeling, 13-37-210 
public funding 

application for funds, 13-37-307 

citation of public campaign fund act, 13-37-301 

definitions, 13-37-302 

distribution of funds, 13-37-304 

public campaign fund, 13-37-304 

records, 13-37-305 

tax checkoff, 13-37-303 

unopposed candidates ineligible, 13-37-308 

violations, 13-37-306 

voluntary, acceptance of funds, 13-37-307 
records 

contributions, deposit statement, 13-37-207 

deposit statement, 13-37-207 

deputy authorization, 13-37-202 

financial disclosure reports, 13-37-231 

public funding disbursements, 13-37-305 
reporting requirements. See also CAMPAIGN PRACTICES, statements and 
information to be filed with coimnissioner of political practices 

certification, 13-37-231 

closing report, 13-37-228 

comprehensive report, 13-37-227 

contents, 13-37-228 - 13-37-230 

federal reports accepted, 13-37-225 

filing, 13-37-225, 13-37-226 

investigation, 13-37-111, 13-37-123 



1601 



periodic reports, 13-37-228 

preservation, 13-37-231 

required, 13-37-225 

scope of report, 13-37-228 

subsequent reports, 13-37-228 

time periods covered, 13-37-226, 13-37-228 

ixnifonnity, 13-37-117 

verification, 13-37-231 

violations. See actions for violations, in this category 
rulemaking authority, 13-37-llA, 13-37-227 
school elections, exceptions, 13-37-206 
treasurer. See CAMPAIGN TREASURER 
trivial benefits not criminalized, 13-35-102 

CAMPAIOf FINANCES AND PRACTICKS, COMMISSKWKR OF, See POLITICAL 
PRACTICES, COMMISSIONER OF 

CANPAIGM PRACTICES 

actions, 13-37-121, 13-37-128 

commencement, 13-37-124 

damages, 13-37-128, 13-37-129 

evidence, 13-37-125 

fines, disposition, 13-37-129 

investigation, 13-37-125 

judgment, 13-37-130 

jurisdiction, 13-37-113 

notice to county attorney, 13-37-124 

prosecution, 13-37-113, 13-37-124 

statute of limitations, 13-37-130 

venue, 13-37-113 
advertising 

anonymous, not to be, 13-35-225 

election day, on, 13-35-233 
"candidate" defined, 13-1-101 
code of fair campaign practices, 13-35-301 

subscribing to, 13-35-302 
commissioner. See POLITICAL PRACTICES, COMMISSIONER OF 
day of election, campaigning on, 13-35-211, 13-35-233 
defamation 

ballot issues, in voter information pamphlet, 13-27-408, 
13-27-409 

code of fair campaign practices, 13-35-301 

criminal charges, 13-35-234 

voter information pamphlet, 13-27-408, 13-27-409 
election laws, distribution, 13-12-101 
employers, unlawful practices, 13-35-226 
endorsement of candidates 

judicial candidates, political party endorsement unlawful, 
13-35-231 

religious organizations, by -- limitation, 13-35-218 
investigative authority, 13-37-111, 13-37-125 



161 GENERAL INDEX 



laws, distribution, 13-12-101 
"political committee" defined, 13-1-101 

naming and labeling, 13-37-210 
public employees, by, 13-35-226 
1 rulemaking authority, 13-37-114 

! statements and information to be filed with commissioner of 
political practices 

action to compel, 13-37-121, 13-37-128 

damages, 13-37-128, 13-37-129 

procedure, 13-37-124, 13-37-125, 13-37-130 

statute of limitations, 13-37-130 
copies, 13-37-119 

damages for noncompliance, 13-37-128, 13-37-129 
destruction, 13-37-119 
effect, 13-37-126 
examination, 13-37-121, 13-37-123 

failure to file, 13-12-201, 13-37-121, 13-37-126, 13-37-127 
filing, 13-37-117 
fines, disposition, 13-37-129 
forms prescribed by commissioner, 13-37-117 
inspection after filing, 13-37-121, 13-37-123 
investigative authority, 13-37-111 
noncompliance orders 

action to compel compliance, 13-37-121, 13-37-128 

authority to issue, 13-37-115 

effect, 13-37-126 

grounds, 13-37-121 

issuance, 13-37-115,13-37-121 

judicial review, 13-37-122 

review, 13-37-122 

time for submission of required information, 13-37-121 
notice of noncompliance, 13-37-121, 13-37-126 
preservation, 13-37-119 
public, 13-37-119 
required, 13-37-126, 13-37-127 
retention, 13-37-119 
summaries, 13-37-119 

vacancies created by failure to file, 13-37-126 
voluntary, 13-37-118 
trivial benefits not criminalized, 13-35-102 
volunteers, excluded as contribution, 13-1-101 

CAMPAIGN TREASURER, See also CAMPAIGN FINANCE 

advertising, to be identified on, 13-35-225 
certification, 13-37-201 - 13-37-203 

committees, for - organizational statement, 13-37-201 
criminal conviction, ineligible as candidate, 13-35-106 
death, 13-37-204 



16: 1 



deputies, 13-37-202, 13-37-205, 13-37-208 

exceptions for school districts, 13-37-206 

noncompliance orders, application for review, 13-37-122 

petty cash withdrawals, 13-37-215 

qualifications, 13-37-203 

records of, 13-37-202, 13-37-207, 13-37-208, 13-37-305 

inspection, 13-37-209, 13-37-305 
removal, 13-37-204 

reports, failure to file, 13-37-126, 13,37-127 
required, 13-37-201 
resignation, 13-37-204 
school elections, 13-37-206 
vacancies, 13-37-204, 13-37-208 

CANCKLLATIMJ OF KLKCTICMI, 13-1-304, 13-10-209 

CANDIDATES, See also main category for specific office 

absentee election board, membership not allowed, 13-13-225 

campaigning. See CAMPAIGN categories 

commissioners of political practices, former -- as, 13-37-103 

conviction of election laws violation, effect, 13-35-106 

elections authorized, prohibited, mail ballot procedure, 13-19-104 

finances. See CAMPAIGN FINANCE 

independent 

congressional special elections, filing of nominating petition, 
13-25-205 

nomination, 13-10-501, See NOMINATION OF CANDIDATES 

party name, use by, 13-10-602 

party nomination, forfeiture of place as independent, 13-10-305 

presidential candidates. See PRESIDENTIAL ELECTIONS 
indigent, primary election. See PRIMARY ELECTIONS AND NOMINATIONS 
judge of election, prohibited as, 13-4-107 
laws, distribution of elections laws to, 13-12-101 
misrepresentation of voting record, unlawful, 13-35-234 
nomination. See NOMINATION OF CANDIDATES; PRIMARY ELECTIONS AND 

NOMINATIONS 
poll watchers, requests for additional poll watchers by, 13-13-121 
recount board member, disqualification, 13-16-101 
vacancies. See VACANCIES 

voting record, misrepresentation of unlawful, 13-35-234 
withdrawal, 13-10-325 

primary, from, 13-10-326 

successor candidate, 13-10-327 
write-in candidates. See WRITE-IN CANDIDATES AND VOTES 

CANVASSERS, BOARD OF, See CANVASSING OF VOTES 

CANVASSING OF VOTES 

ballot issues, applicability of laws, 13-27-503 
certification of nomination or election 



163 GENERAL INDEX 



campaign reporting, withholding for failure, 13-37-127 

contests, effect, 13-36-lOA, 13-36-207 

court, by, 13-36-104 

defect in return, effect, 13-15-102 

destruction or defacing, 13-35-206 

election administrator, issuance, 13-15-406 

falsification, 13-35-207 

issuance, 13-15-406 

suppression, 13-35-205 
certification of pollbook, 13-15-204 

certification of polls not open in a precinct, 13-15-402 
certification of results 

county canvassers, by, 13-15-403, 13-15-405 

destruction or defacing, 13-35-206 

election administrator, to, 13-15-405 

governor, to, 13-15-507 

report of canvass, 13-15-507 

state canvassers 

by, 13-15-505, 13-15-507 
to, 13-15-501 

suppression, 13-35-205 

tie vote, 13-15-405 
commissions. See COMMISSIONS TO ELECTED INDIVIDUALS 
constitutional convention and amendments, u.s., 13-26-104 
contest, 13-36-101, See CONTEST OF ELECTION 
counting board, 13-4-101, 13-15-103 
counting of votes, 13-15-202 

absentee, counting board for, 13-4-101 

ballot issues, 13-27-503 

continuous, 13-15-101 

early counting, no disclosure, 13-15-103 

incorrectness presumed when, 13-16-303 

nonpartisan ballots, 13-14-116 

poll watchers may be present, 13-13-120, 13-13-121 

preparation for, 13-15-201 

primary election, 13-10-311 

public, 13-15-101 

rejected ballots may not be included, 13-15-202 

when, 13-15-101, 13-15-103 

when cast at polling place outside of ballot jurisdiction, 13-3-213 
county canvassers, board of 

certification of results, 13-15-403, 13-15-405, 13-15-501 

composition, 13-15-401 

declaration of results, 13-15-405 

delinquent returns, procedure, 13-15-402 

mail ballot elections, 13-19-314 

discrepancies, resolving, 13-19-319 
signature discrepancies, 13-19-310 

meetings, 13-15-401 



1641 



minutes, 13-15-AOl 

petition for recount by, 13-15-A03 

procedure, 13-15-301, 13-15-403 

record, 13-15-40A 

recount by, 13-16-211 

report, 13-15-404 

resolving issues in question, mail ballot procedure, 13-19-314 

secretary, 13-15-401, 13-15-404 

vacancies, 13-15-401 
declaration of result 

contest, effect, 13-36-104, 13-36-212 

county canvassers, by, 13-15-403 

court, by, 13-36-104, 13-36-212 

defect in return, effect, 13-15-102 

destruction or defacing unlawful, 13-35-206 

falsification, 13-35-207 

highest votes for declaration, 13-15-405, 13-15-505, 13-15-511, 
13-36-212 

public, 13-15-101, 13-15-403, 13-15-505 

state canvassers, by, 13-15-505 

suppression unlawful, 13-35-205 

write in winner, 13-15-511 
defect, 13-15-102 

disposition of election materials, 13-1-303, 13-15-301 
folded together ballots, 13-15-201 
interference with, 13-35-203 

mail ballot elections, see MAIL BALLOT ELECTIONS 
nonpartisan elections, 13-14-116 

number of electors voting, record, 13-1-204, 13-15-404, 13-15-506 
obstruction, 13-35-203 
pollbook 

certification, 13-15-204 

delivery to election administrator, 13-15-205, 13-15-301 

duplicates for counting board, 13-15-103 

entries, 13-15-202 

reconciliation with ballots, 13-10-311, 13-15-201 

signing, 13-15-204 
poll watchers, 13-13-120, 13-13-121 
presidential elections, 13-25-103 

primary election, applicability of laws, 13-10-301, 13-10-311 
proclamation of result on ballot issues, 13-15-507 
public, 13-15-101, 13-15-403, 13-15-505 

reconciliation of ballots with pollbooks, 13-10-311, 13-15-201 
recounts. See RECOUNTS 
rejection of ballots 

count, may not be included, 13-15-202 

folded together, 13-15-201 

mail ballot procedure, 13-19-311 

marking of ballots, 13-15-203 

nonessentials to be disregarded, 13-15-403 
removal of ballots before counting unlawful, 13-35-206 
return of election materials to election administrator, 13-15-205 



165 GENERAL INDEX 



returns, 13-15-101 

defect, 13-15-102, 13-15-403 

delinquent, 13-15-402, 13-15-503 

destruction or injury, 13-35-206 

nonpartisan elections, 13-14-116 

presidential elections, 13-25-103 

tampering with, 13-35-205 
sealing of election materials, 13-15-205 
stamp on ballot, missing, 13-15-201 
state canvassers, board of 

certification by, 13-15-505, 13-15-507 

composition, 13-15-502 

county canvassers, certification from, 13-15-501 

delinquent returns, procedure, 13-15-503 

expenses, 13-16-205 

meetings, 13-15-502, 13-15-505 

minutes, 13-15-502 

procedure, 13-15-505 

public meetings, 13-15-505 

record, 13-15-502, 13-15-506 

recounts by, 13-16-205, 13-16-419 

report, 13-15-506, 13-15-507 

secretary, 13-15-502, 13-15-506 

write-in votes, 13-15-505, 13-15-506, 13-15-511 
tally sheets, 13-15-202, 13-15-205, 13-15-301, 13-15-403 

primary elections, 13-10-311 
tampering with ballots, 13-35-205 
tie votes. See TIE VOTES 
voiding election, 13-35-107 
voting machines, precincts where used, 13-15-103 

paper ballots, 13-15-202, 13-17-305 
winner, 13-1-103, 13-15-405, 13-15-507 
write-in votes, 13-15-403, 13-15-404, 13-15-505. 13-15-506, 13-15-511 

CAPITOL 

constitutional conventions to be held at, 13-26-106 
CENTRAL COMMITTEES, See POLITICAL PARTIES 
CERTIFICATIONS, See CANVASSING OF VOTES 
CHALLENGES 

ballot issues 

fiscal statement, 13-27-316 

petition signatures, 13-27-306 

statements of implication or purpose, 13-27-316 
handicapped voter, 13-13-118 



166 i 



registration of voters. See REGISTRATION OF VOTERS 
right to vote 

affidavit, by, 13-2-A04 

determination, 13-13-307, 13-13-309, 13-13-310 

examination of voter, 13-13-30A 

grounds, 13-13-301, 13-13-310 

handicapped voter, of, 13-13-118 

list of challenges, 13-13-310, 13-15-205 

oath of challenged voter, 13-13-30A, 13-13-306, 13-13-307 

on election day, 13-13-301 

orally, 13-13-301 

prior to election day, 13-2-A04 

vote of challenged voter, 13-13-309, 13-13-311 

witnesses, 13-13-305 

CHIEF ELECTION OFFICER, 13-1-201, See SECRETARY OF STATE AS CHIEF 
ELECTION OFFICER 

CHRONICALLY ILL ELECTOR, See Absentee Voting 

CHURCHES, improper influence of voters, 13-35-218 

CITIES AND TOWNS 

elections 

date, 13-1-lOA 

mail ballot election, authorized, prohibited, 13-19-lOA 

CITIZENSHIP OF ELECTORS, 13-1-111, 13-2-206 

CITY CLERK TO SUPPLY CODE OF FAIR CAMPAIOJ PRACTICES FORMS, 13-35-302 

CLERGY, improper influence of voters, 13-35-218 

CLERK OF THE DISTRICT COURT 

election contest, notice of filing, 13-36-206 
election of 

ballot arrangement, 13-12-207 

tie vote, 13-16-506 

CODE OF FAIR CAMPAIOJ PRACTICES, 13-35-301 
See CAMPAIGN PRACTICES 

C»1MISSI(MER OF POLITICAL PRACTICES, See POLITICAL PRACTICES, 
COMMISSIONER OF 

COMMSSKMS TO ELECTED INDIVIDUALS, 13-15-50A 

defect, 13-15-102 

CamiTTEES, See POLITICAL PARTIES 



167 GENERAL INDEX 



CratGRESSIONAL ELECTIONS 

applicability of laws, 13-25-103, 13-25-201 

ballot arrangement, 13-12-207 

campaign finance reports, 13-37-225 

certification of election, 13-15-501, 13-25-204 

date, 13-1-104 

declaration of nomination, filing, 13-10-201 

general election, date, 13-1-104 

nominations, 13-10-201, 13-25-201, 13-25-205 

political (action) committees contributions limited, 13-37-218 

naming and labeling, 13-37-210 
recounts, specific provisions, 13-16-201, 13-16-418, See also RECOUNTS 
special election, 13-16-502, 13-25-205 
tie vote, 13-16-502 
vacancies, elections to fill 

representatives, 13-25-203, 13-25-205 

senators, 13-25-202, 13-25-205 

special election, 13-25-205 
when, 13-25-201 

CMiSTITUTICWAL AMENDMENTS, See BALLOT ISSUES; CONSTITUTION OF 
THE UNITED STATES 

OWSTITUTIONAL C(MVENTI(»iS , votes upon. See BALLOT ISSUES, 
generally; CONSTITUTION OF MONTANA; CONSTITUTION OF THE UNITED STATES 

CONSTITUTION OF MONTANA 

amendments to. See BALLOT ISSUES 
convention 

initiative to call, 13-27-101, See also BALLOT ISSUES, generally 

petition form, 13-27-206 
periodic submission to electorate, 13-1-121 
ballot, 13-1-122 

COISTITUTKM OF THE UNITED STATES 

amendments 

convention, 13-26-101, See convention, in this category 

federal law supersedes, 13-26-111 

vote, 13-26-104, 13-26-109 
applicability of laws, 13-26-111 
convention, 13-26-101 

applicability of laws, 13-26-111 

certification of result, 13-26-109 

delegates 

compensation, 13-26-108 

election, 13-26-102, 13-26-104, 13-26-105, 13-26-107 



168 



nomination, 13-26-103 

number, 13-26-102 

qualifications, 13-26-107, 13-26-110 

quorum, 13-26-107 

representation, 13-26-102 

rulemaking authority, 13-26-107 
federal law supersedes, 13-26-111 
location, 13-26-106 
majority vote, 13-26-109 
officers, 13-26-107, 13-26-108 
quorum, 13-26-107 
required, 13-26-101 
rulemaking authority, 13-26-107 
time of convention, 13-26-106 
vote, majority vote, 13-26-109 

CONSTRUCTIOJ OF LAWS, 13-1-201 

CONTEST OF KLKCTICW 

advancement on calendar, 13-36-206, 13-36-208 

answer, 13-36-206 

attorney's fees, 13-36-204, 13-36-205, 13-36-207 

"ballot issue" defined, 13-1-101 

bond, 13-36-204, 13-36-205 

calendar precedence, 13-36-206, 13-36-208 

"candidate" defined, 13-1-101 

commencement, 13-36-102, 13-37-124 

continuance, 13-36-208 

costs, 13-36-204, 13-36-205, 13-36-207, 13-36-208, 13-37-124 

declaration of result, 13-36-212 

dismissal, 13-36-208 

effect, 13-36-209 - 13-36-212 

election materials, preservation pending, 13-1-303 

evidence, 13-36-202, 13-36-207, 13-36-208, 13-37-125 

forfeiture of office when, 13-36-209 - 13-36-211 

grounds, 13-36-101, 13-36-211, 13-37-130 

illegal votes, allegations and evidence, 13-36-101, 13-36-202, 

13-36-211, 13-36-212 
immunity from prosecution 

candidate, 13-36-210 

witnesses, 13-36-208 
investigation, 13-37-111, 13-37-125 
issues, 13-36-207 
joinder, 13-36-207 

judgment, 13-36-104, 13-36-205, 13-36-207, 13-36-209, 13-36-210 
jurisdiction, 13-36-102, 13-36-103, 13-37-113 
jury, 13-36-207 

laws furnished to election administrator, 13-12-101 
nomination, special provisions, 13-36-104 
notice, 13-36-102, 12-36-206, 13-37-124 
parties, 13-36-207 



169 GENERAL INDEX 



petition or complaint 

contents, 13-36-201 

filing, 13-36-206 

form, 13-36-203 

verification, 13-36-203 
postponement, 13-36-208 
prosecution, 13-37-113, 13-37-12A 
punishment, 13-36-210 
result, 13-36-209 - 13-36-212 
security, 13-36-20A, 13-36-205 
statute or limitations, 13-36-102 
testimony, 13-36-202, 13-36-208 
time, 13-36-102 

vacancies resulting from, 13-36-207, 13-36-210 
venue, 13-36-103, 13-37-113 
witnesses, 13-36-208, 13-37-125 

CCMTRIBUnONS, See CAMPAIGN FINANCE 

CONVENTICWS, See CONSTITUTION OF MONTANA; CONSTITUTION OF THE 
UNITED STATES; POLITICAL PARTIES 

CORPORATKMS, campaign contributions, 13-35-226 - 13-35-228 

i COSTS, See FEES AND COSTS 

COUNTING OF VOTES, See CANVASSING OF VOTES 

COUNTIES 

cost, 13-1-302, 13-2-117, 13-16-205, 13-17-104 

date, 13-1-lOA 

deputy registrars, 13-2-102 

tie vote, 13-16-505, 13-16-506 

voting machines, provision, 13-17-104 

COUNTY ASSESSOR, ballot arrangement, 13-12-207, See COUNTY OFFICERS 

COUNTY ATTORNEY 

election duties 

campaign violations 

commencement of action, 13-37-121, 13-37-124, 13-37-128, 

13-37-129 
investigation, 13-37-111, 13-37-125 
challenge of electors, assistance to election judges, 13-13-305 
commissioner of political practices, prosecution, 13-37-105 
contests 

commencement of prosecution, 13-37-124 



170 1| 

dismissal, consent for, 13-36-208 
investigation, 13-37-111, 13-37-125 
investigation of violations, 13-37-111, 13-37-125 
election of. See also COUNTY OFFICERS 
ballot arrangement, 13-12-207 
tie vote, 13-16-506 
mail ballot election, 13-19-305 

COUNTY AUDITOR 

election of. See also COUNTY OFFICERS 
ballot arrangement, 13-12-207 

COUNTY CANVASSERS, BOARD OF, See CANVASSING OF VOTES 

COUNTY CENTRAL COMMITTEES, See POLITICAL PARTIES 

COUNTY CLERK AND RECORDER 

election administrator, as, 13-1-101, 13-1-301, See COUNTY ELECTION 
ADMINISTRATOR 

election duties 

campaign reports, filing with, 13-37-117, 13-37-225 
campaign treasurer, certification filed with, 13-37-201 
election administrator, as, 13-1-101, 13-1-301, See COUNTY 

ELECTION ADMINISTRATOR 
recounts, bond posted with, 13-16-211 

election of. See also COUNTY OFFICERS 
ballot arrangement, 13-12-207 
tie vote, 13-16-506 

COUNTY C»fMISSIONERS, BOARD OF 

election of. See also COUNTY OFFICERS 
ballot arrangement, 13-12-207 
tie vote, 13-16-505, 13-16-506 

COUNTY CORONER, ballot arrangement, 13-12-207, See also COUNTY OFFICERS! 

COUNTY ELECTKM AMCENISTRATOR, 13-1-301, See also generally COUNTY 
OFFICERS; PUBLIC OFFICERS 

absentee election board 

appointments to, 13-13-225, 13-13-226 

delivery of voted ballot, 13-13-229 

designation and appointment, 13-13-225 

registration card, copy to, 13-13-213 
absentee voting 

application for ballot 

address designation, mail ballot election, 13-19-303 

ballot, attachment to returned ballot, 13-13-231 

federal postcard application to, 13-2-212, 13-2-21A, 13-13-212 



171 GENERAL INDEX 



registration card, comparison of signatures, 13-13-213 

transmittal to, 13-2-212, 13-13-211 - 13-13-213 
availability of ballots, to insure, 13-13-205 
ballots required to be available when, 13-13-205 
before, 13-13-222 

certificate of absentee voting information by, 13-13-233, 13-13-23A 
counting board duties, 13-15-104, 13-15-705 
death of voter, duties, 13-13-243 
delivery of ballots to judges by, 13-13-232 
delivery of ballots to voter by, 13-13-213 

federal postcard application to, 13-2-212, 13-2-214, 13-13-212 
mailing of ballot to voter, 13-13-214 
printing of ballots when, 13-13-203 
records by, 13-13-233 
rejected ballots 

endorsement by, 13-13-232 

mail ballot procedure, 13-19-311 

number, recording, 13-13-233 

retention by, 13-13-232 
return of voted ballot to, 13-13-221 

disposition of ballot, 13-13-231 

envelope for, 13-13-214, 13-13-221 

late receipt, 13-13-232, 13-13-233 

retention of ballots, 13-13-231, 13-13-232 
stamping of ballots, 13-13-214 

voting machines or devices, provision of ballots in precincts 
where used, 13-13-203 
administrative authority, 13-1-301 

annual political subdivision elections, duties, 13-1-301, 13-1-401 
authority, 13-1-301 
ballot issues 

certification to, 13-10-208, 13-12-301, 13-27-501 

abbreviated form, request for, 13-27-501 
duplicate signatures, 13-27-303 
recount petition, filing with, 13-16-201 
signatures duplicate, 13-27-303 

verification of petition signatures, 13-27-301, 13-27-303 
ballots. See absentee voting, this category 

arrangement, authority, 13-12-205, 13-12-207, 13-12-212 

certification, 13-10-208, 13-12-201 

delivery to polling place, 13-12-102, 12-12-210 

destruction, 13-1-303 

form requirements, 13-12-212 

invalid ballots when, 13-12-212 

mail ballot procedure, 13-19-311 
labels for filled vacancies, affixation or delivery to judges, 

13-12-204 
lot, arrangement of ballots, names determined by, 13-12-205 
number of ballots, record of, 13-12-210, 13-13-115 



172 



preservation, 13-1-303 

printing by, 13-10-208, 13-12-201, 13-37-126 
provision by, 13-12-212 

returning, mail ballot procedure, when, where, 13-19-306 
rotation of names by, 13-12-205 
sample ballots, provision by, 13-12-214 
stamp, determination of information, 13-13-116 
vacancies, affixation of labels, 13-12-20A 
campaigning 

code of fair campaign practices, provision of forms, 13-35-302 
violations, notice to, 13-37-126 
cancellation of election, notice, 13-1-304 
canvassing of votes 

certification, issuance, 13-15-406 
polls not open, 13-15-402 
tie vote certified to, 13-15-405 
counting board 

absentee voting counting boards, 13-15-104, 13-15-105 
marshal, appointment by, 13-15-103 
meeting place designated by, 13-15-103 
county canvassers, board of 

delinquent returns, notice to, 13-15-402 
secretary of, 13-15-401, 13-15-404 
disposition of election materials, 13-15-205, 13-15-301 
return of election materials to, 13-15-205 
returns 

copy to, 13-15-101 

delinquent, notices, 13-15-402, 13-15-503 
forms furnished by, 13-15-101 
tally sheets, disposition, 13-15-301 
tie votes 

certified to, 13-15-405 
drawing by lot, 13-16-501 
voting machines or devices, provisions for delivery of ballots 
to counting center, 13-15-103 
challenges of voters 

affidavit, filing with and copies to judges, 13-2-404 
assistance to judges, 13-13-305 
contests, destruction of ballots after, 13-1-303 
county central committee rules to be filed with, 13-38-105 
county clerk and recorder as, 13-1-101, 13-1-301 
defined, 13-1-101, 13-1-301 
deputies, 13-1-301 
districts 

districting and apportionment plan, consultation, 13-3-102 
list to secretary of state, 13-1-204 
expenses, 13-1-203, 13-1-302, 13-2-117 
forms, 13-1-202, 13-10-105 
illness or health emergency, absentee voting 

delivery of voted ballot by board, 13-13-229 
registration card, copy to board, 13-13-213 
request for ballot, 13-13-211 



173 GENERAL INDEX 



judges of elections 
appointments 

emergency, by, 13-A-207 

notice by, 13-A-lOA 

other board, recommendation for, 13-A-lOl 

vacancies, by, 13-4-102 
chief judge, excuse by, 13-4-207 

compensation, certification of amount due, 13-4-106 
counting board, recommendation for appointment, 13-4-101 
emergencies, authority in, 13-4-207 
excuse of chief election judge, 13-4-207 
instruction sessions by, 13-4-104, 13-4-203 
lists of qualified persons to, 13-4-102 
meeting time set by, 13-13-101 
notice of appointment by, 13-4-104 
other board, recommendation for, 13-4-101 
supplies to be returned to, 13-4-201 
training sessions by, 13-4-104, 13-4-203 
travel expenses, certification, 13-4-106 
vacancies filled by, 13-4-102 
laws, copies of election laws to and distribution, 13-1-202, 13-12-101 
local annual elections, duties, 13-1-301, 13-1-401 
mail ballot elections 

absentee voting, 13-19-303 

advice to secretary of state, 13-19-105 

ballots 

deposit, place of -- designation, 13-19-106, 13-19-306, 
13-19-307 

return of voted ballots, disposition, 13-19-308 
discrepancies, resolving, 13-19-314 
initiation 

election administrator, by, 13-19-201, 13-19-203 

governing body, transmittal and response to request, 13-19-202 
materials, distribution to electors, 13-19-206 
nonregistered electors, voting, 13-19-304 
notice to elector 

procedural mistakes, 13-19-313 

signature verification, discrepancies, 13-19-310, 13-19-313 
objection to, filing, 13-19-204 

plans, written -- preparation, 13-19-202, 13-19-203, 13-19-205 
proportional voting, method for, 13-19-302 
questions, resolving, 13-19-314 
k records, 13-19-305 
^ replacement ballots, procedures, 13-19-305 

signature verification, 13-19-310, 13-19-314 
nominations 

t nonpartisan 
declaration, filing with, 13-14-112, 13-14-114 
petition, filing with, 13-14-113, 13-14-114 



174 



petition 

filing with, 13-10-503, 13-10-50A 
presidential candidates, 13-10-50A 
samples to, 13-10-501 
nonpartisan elections 

ballots, preparation and distribution, 13-14-115 

declarations of nomination, filing with, 13-1A-112 

judicial unopposed incumbent candidates, ballot form to be used 

by 13-1A-213 
petition for nomination, filing with, 13-1A-113 
registrar of candidates, entry in, 13-lA-llA 
personnel, 13-2-117 

petitions, fraudulent or duplicate signatures, 13-27-303 
political parties 

precinct committeemen, filing of declaration of nomination with, 

13-38-201 
primary election petitions of minor parties, duties, 13-10-601 
rules, filing with, 13-38-105 
political subdivisions, elections of 

deputy administrators for, 13-1-301 
duties, 13-1-AOl 
polling places 

booths, provision, 13-13-111 
change by, 13-3-105 
emergency change by, 13-3-105 

exempt from standards for accessibility, 13-3-212 
notice of locations, 13-2-207, 13-2-215, 13-3-105 
poll watchers, permission for additional poll watchers, 13-13-121 
supplies, delivery to, 13-12-102 
survey for accessibility, 13-3-206 
voting machines, provision, 13-13-111 
precincts 

boundary changes, legal description to, 13-3-103 
list to secretary of state, 13-1-20A 
map to secretary of state, 13-1-20A 
presidential elections 

certification of candidates, 13-25-101 
petitions of nomination 
filing, 13-10-50A 

verification of signatures, 13-10-A05, 13-10-50A 
primary elections 
ballots 

certification and printing, 13-10-208, 13-13-205 
return to, 13-10-311 
certification of candidates, 13-10-208 
successor candidates, 13-10-327 
when no election held, 13-10-209 
declarations of nomination, filing with, 13-10-201 
double nomination, notice of party preference to, 13-10-303 
indigent candidates, petition for nomination -- verification of 

signatures, 13-10-203, 13-10-20A 
minor party petitions, duties, 13-10-601 



175 GENERAL INDEX 



omission of election when insufficient number of candidates, 

certification of candidates, 13-10-209 
presidential preference, verification of petition signatures, 

13-10-405 
register of candidates, 13-10-205 
return of ballots to, 13-10-311 
unnecessary elections when insufficient number of Ceindidates 

cancellation, 13-1-304 

certification of candidates, 13-10-209 
write-in candidates, acceptance of nomination filed with, 13-10-204 
qualifications, 13-1-101, 13-1-301 
records 

destruction, 13-1-303 
preservation, 13-1-303 
secretary of state to, 13-1-204 
recounts 

ballots and supplies for recount 

destruction after, 13-1-303 

production, 13-16-412 

return to, 13-16-417 
certificate, attestation, 13-16-418 
county canvassers, petition for, 13-15-403 
covinty recount board 

notice to, 13-16-204 

secretary, as, 13-16-101 
petition for 

filing with, 13-16-201, 13-16-211 

notice to, 13-16-201 
tie, procedure upon certification to, 13-16-203 
voting machines, resealing in presence of, 13-16-417 
redistricting and reapportionment plan, consultation, 13-3-102 
"registrar" defined as, 13-1-101 
registration of voters 
authority, 13-1-301 

cancellation duties, 13-2-207, 13-2-401 - 13-2-403, 13-2-513 
certificate of omission, issuance, 13-2-603 
challenges, duties, 13-2-403, 13-2-404 
close of 

acceptance of registration by deputies after, 13-2-102, 
13-2-203 

procedure, 13-2-301 

registration with, during closed period, 13-2-302 
complete when, 13-2-114 
costs, 13-2-117 

count to secretary of state, 13-1-204 
deputy registrars, 13-2-102, 13-2-202 
elector lists, duties 

fees, 13-2-122 
electors in united states service 



176 



federal postcard filed with, 13-2-212, 13-2-214 

notice to electors, 13-2-21A 
federal postcard application, duties, 13-2-212, 13-2-214 
filing of forms, 13-2-112, 13-2-114. 13-2-214 
hours for, 13-2-201 
labels. See mailing labels 
lists, preparation and use, 13-2-115 
mail registration, duties, 13-2-203, 13-2-212 
mailing labels, duties 

fees, 13-2-122 
name change of elector, notice to, 13-2-511, 13-2-512 
notice of 

cancellation, 13-2-401 

challenge, to elector, 13-2-403, 13-2-404 

close of registration, 13-2-301 

name, change, 13-2-511 

polling place, 13-2-207, 13-2-215 

previous registration, 13-2-515 

registration, to electors, 13-2-207, 13-2-214, 13-2-215, 
13-2-515 

residence, change, 13-2-511 
numbering of forms, 13-2-114 
office hours for, 13-2-201 

omissions from precinct register by, 13-2-603 
personal registration before, 13-2-202 
personnel to assist, 13-2-117 
precinct register, duties 

fees, 13-2-122 

omissions, 13-2-603 

preparation, 13-2-116 
previous registrations, checking for, 13-2-515 
records, 13-2-112 

registrar, election administrator defined as, 13-1-101 
residence of elector, notice of change to, 13-2-511, 13-2-512, 

13-2-514 
time for, 13-2-201, 13-2-203 

transfer of registration, duties, 13-2-511, 13-2-513, 13-2-514 
school elections, fee schedule, 13-1-302 
scope of authority, 13-1-301 

mail ballot procedure, 13-19-202 
secretary of state, advice to, 13-1-202, 13-3-205, 13-19-105 
supplies to, 13-1-202 
tie votes 

certification to, 13-15-405 
drawing by lot, 13-16-501 
training sessions, 13-1-203 
voting booths, provision, 13-13-111 
voting machines or devices 

approval report, transmittal to, 13-17-101 
arrangement at polling place, 13-13-111 
ballots, paper -- authorization for, 13-17-306 
certification of instruction, issuance, 13-17-201 



177 GENERAL INDEX 



demonstration by, 13-17-204 

examination of equipment, report to, 13-17-101 
exhibit in office of, 13-17-20A 

instructions for electors, provision, 13-17-203, 13-17-204 
instructions for judges, provision, 13-17-201 
notice of use and location, 13-17-203 

number of electors voting, provision of recording method, 13-13-115 
paper ballots, authorization for, 13-17-306 
placement at polling place, 13-13-111 
provision, 13-13-111 

sample ballots, publication, 13-17-203 
voting procedures generally 

absentee voting. See ABSENTEE VOTING 
ballots 

►number, record, 13-12-210, 13-13-115 
stamp, determination of information, 13-13-116 
booths, provision, 13-13-111 
initiative petitions, signature gathering, 13-13-122, 13-35-322, 

13-35-218 
number of electors voting, recording, 13-12-210, 13-13-115 
obstructions at polling places, prevention, 13-13-122, 13-35-218 
poll watchers, permission to additional poll watchers, 13-13-121 
precinct register 

preparation, 13-2-116 

signing inability of elector, affidavit filed with, 13-13-114 
workshops, 13-1-203 

COUNTY OFFICERS, See also COUNTIES 

ballot arrangement, 13-12-207 

date of election, 13-1-104 

declaration of nomination, filing, 13-10-201, 13-10-202 

election, 13-1-104, 13-10-201, 13-10-202, 13-12-207, 13-16-506 

tie vote, 13-16-506 

COUNTY RECOUNT BOARD, See RECOUNTS 

COUNTY SHERIFF 

arrest authority, 13-13-122 

ballot arrangement, 13-12-207, See also COUNTY OFFICERS 

COUNTY SUPERINTENDENT OF SCHOOLS 

election, ballot arrangement, 13-12-207, See also COUNTY OFFICERS 

COUNTY SURVEYOR 

ballot arrangement, 13-12-207, See also COUNTY OFFICERS 



I 



178 



COUNTY TREASURER 

ballot arrangement, 13-12-207, See also COUNTY OFFICERS 

COURT CALENDAR PRECEDENCE, district court 

elections 

csunpaign orders of noncompliance, review, 13-37-122 
contests, 13-36-206, 13-36-208 

CRIMES AND PROHIBITED ACTS 

accountability, 13-35-105 

aiding and abetting, 13-35-105 

applicability of laws, 13-17-106, 13-35-101, 13-35-102 

arrest exemptions, 13-1-115 

attempt, 13-35-lOA 

ballot 

destruction or removal, 13-35-206 

falsification, 13-35-207 

revealing contents, 13-13-311, 13-35-201, 13-35-202 

tampering with, 13-35-205 
ballot issues 

falsification of petition, 13-27-106, 13-35-207 

warnings on petitions, 13-27-204 - 13-27-207 
bribery, 13-35-102, 13-35-21A, 13-35-215, 13-35-220 
campaigning 

advertising not to be anonymous, 13-35-225 

election day, on, 13-35-211, 13-35-233 

financial violations, 13-35-106, 13-37-130 

public funding violations, 13-37-306 
"candidate" defined, 13-1-101 

contests of results, violation as groxinds, 13-36-101 
conviction, effect, 13-35-106 
corporate contributions, 13-35-227, 13-35-228 
criminal code not superseded, 13-35-101 
deceptive practices, 13-35-207, 13-35-208 
defamation, 13-27-408, 13-27-409, 13-35-234 

destruction of election equipment, supplies, or records, 13-35-206 
effect on election, 13-35-107 

electioneering on election day, 13-35-211, 13-35-233 
employers, coercion or influence of employees, 13-35-226, 13-35-228 
exit polling, 13-35-211, 13-35-218 
falsification, 13-27-106, 13-35-207 
fines, 13-35-226, 13-35-233 
handicapped voters, deception, 13-35-208 
impersonations, 13-35-207, 13-35-209, 13-35-210 
influencing electors improperly, 13-35-102, 13-35-214, 13-35-215, 

13-35-217, 13-35-218, 13-35-226 
influencing political officers improperly, 13-35-220 
injunction, 13-35-108 



179 GENERAL INDEX 



injury to election equipment, supplies, and records, 13-35-206 

investigation, 13-37-111 

judges and officials of election 

interference with, 13-35-203 

misconduct by, 13-13-311, 13-35-202, 13-35-204, 13-35-217 
judicial candidates, partisan support, 13-35-231 
jurisdiction of district court, 13-35-108, 13-37-113 
laws, distribution to 

election administrators, 13-12-101 

voters, 13-13-113 
mail ballot elections, applicability of general election laws, 

13-19-103 
misdemeanor when no penalty specified, 13-35-103 
misrepresenting candidate voting records, 13-35-23A 
nominations 

certificate or declaration 

(destruction or defacing, 13-35-206 
falsification, 13-35-207 
suppression, 13-35-205 
improper, 13-35-221 
influence to obtain, improper, 13-35-220, 13-35-221 
obstruction of polling place, 13-13-122, 13-35-218 
obstruction of voters' meetings, 13-35-213 
payment for vote, 13-35-215 
penalties 

criminal code not superseded, 13-35-101 

none specified, when, 13-35-103 

supplemental, 13-35-106 
political position of candidate, misrepresentation, 13-35-23A 
public campaign funds, violations, 13-37-306 
public meetings, disturbance, 13-35-213 

public officers and employees, political activity, 13-35-226 
records, tampering with, 13-35-205, 13-35-206 
registration 

falsification, 13-35-207, 13-35-209 
■ lists, tampering with, 13-35-205 
returns 

destruction or removal, 13-35-206 

falsification, 13-35-207 

tampering with, 13-35-205 
right to vote, abuse, 13-35-210 
scope of laws, 13-35-101 

secret ballot, violation of secrecy, 13-35-201, 13-35-202 
solicitation of voters, 13-35-218 
statute of limitations, 13-35-101, 13-35-107 
tampering with records, information and equipment, 13-35-205 

ballot issues, petition, 13-27-106 
threats and other improper influence, 13-35-213, 13-35-218 
trivial benefits not criminalized, 13-35-102 



180 



voiding of election due to, 13-35-107 
voting machines 

applicability of laws, 13-17-106 

destruction or injury, 13-35-206 

tampering with, 13-35-205, 13-35-206 
voting records, misrepresentation of -- unlawful when, 13-35-234 
voting rights, abuse, 13-35-209 
warnings, display at polling places, 13-13-113 

CRIMINAL CONVICTKMJ OF ELECTOR, See ELECTORS 

DATES, See also TIME 

general elections, 13-1-104 

primary elections, 13-1-lOA, 13-1-107 

special elections, 13-1-108 

DEATH, effect on elections 

campaign treasurer, 13-37-204 

candidate, 13-10-326, 13-10-327, 13-38-101, 13-38-204 

governor or lieutenant governor, 13-10-328 
elector, 13-2-402 

absentee elector, 13-13-204, 13-13-243 

DEFAMATION, See CAMPAIGN PRACTICES 

DKFINm(»JS 

accessible, 13-3-202 

anything of value, 13-1-101 

attorney general's explanatory statement, 13-27-315 

ballot issue, 13-1-101 

candidate, 13-1-101, 13-37-302 

contribution, 13-1-101 

elderly, 13-3-202 

election, 13-1-101 

election administrator, 13-1-101 

election day, 13-19-102 

election precinct, 13-3-101 

elector, 13-1-101 

elector in the united states service, 13-2-211 

expenditure, 13-1-101 

fund, 13-37-302 

general election, 13-1-101 

handicapped, 13-3-202 

independent committee, 13-37-216, 13-37-226 

individual, 13-1-101, 13-37-302 

issue, 13-1-101 

mail ballot election, 13-19-102 

person, 13-1-101 

political committee, 13-1-101 



181 GENERAL INDEX 



political party, 13-37-302 

political subdivision, 13-1-101 

precinct, 13-3-101 

primary election, 13-1-101 

public office, 13-1-101 

registrar, 13-1-101 

return/verification envelope, 13-19-102 

secrecy envelope, mail ballot procedure, 13-19-102 

special election, 13-1-101 

total vote cast, 13-16-202 

voting machine or device, 13-1-101 

DEMOCRATS, See POLITICAL PARTIES 

DEPOSITORIES, 13-37-205 

DEPUTY REGISTRARS, See also COUNTY ELECTION ADMINISTRATOR 

appointment, 13-2-102 

certification, 13-2-102 

list of, 13-2-102 

political parties, determination of list, 13-2-102 

qualifications for, 13-1-102 

registration cards, submission when, 13-2-102 

training, 13-2-102 

DISABLED VOTERS, See HANDICAPPED VOTERS 

DISCRIMINATim, statements in code of fair campaign practices, 
13-35-301 

DISPUTED RESULTS, See CONTEST OF ELECTION 

DISTRICT COURT 

clerk. See CLERK OF THE DISTRICT COURT 
judges 

election. See JUDICIAL CANDIDATES 
judicial districts 

list to secretary of state, 13-1-204 
jurisdiction, 13-35-108 

ballot issues, review of attorney general statements, 13-27-316 

campaign violations, 13-37-113, 13-37-122 

contest of election, 13-36-102, 13-36-103, 13-36-206, 13-37-113 

county commissioners 

tie vote, 13-16-505 

criminal actions, 13-35-108, 13-37-113 

nominations, injunction when improper, 13-35-221 

recounts under court order, 13-16-301, 13-16-304 



182 

registration of elector, to compel, 13-2-602 

DISTRICTS, See also specific type of district 

list to secretary of state, 13-1-204 

DRIVERS' LICENSES, voter lists prepared from registration files, 
13-38-103 

ELECTIW ADMINISTRATORS, See COUNTY ELECTION ADMINISTRATOR 

ELECn(»lEERING 

on Election Day, 13-35-211 

soliciting information on election day, 13-35-211 

ELECTION JUDGES, See JUDGES OF ELECTIONS 

ELECTICW OFFICER, CHIEF, 13-1-201, See SECRETARY OF STATE AS CHIEF 
ELECTION OFFICER 

ELECTION OFFICERS, See JUDGES OF ELECTIONS 

ELECTORAL COLLEGE, See PRESIDENTIAL ELECTIONS 

ELECTORAL DISTRICTS 

ballot issues, allocation of petition signatures following filing of 

reapportionment plan, 13-27-303 
list to secretary of state, 13-1-204 
precinct bovindary changes, 13-3-102 

ELECTORS, See also specific type of election 

absentee election board, appointment to, 13-13-226 

age, 13-1-111, 13-1-114 

arrest exemptions, 13-1-115 

assistance to handicapped or illiterate voter. See HANDICAPPED VOTERS 

ballot issues 

number required, 13-27-204 - 13-27-207 

petition, must be qualified elector to sign, 13-37-102 

voter information pamphlet. See BALLOT ISSUES 

bribery. See CRIMES AND PROHIBITED ACTS 

campaign treasurer must be, 13-37-203 

challenges. See CHALLENGES 

chronically ill. See ABSENTEE VOTING 

citizenship, 13-1-111, 13-2-206 

convicted offenders, 13-1-111, 13-1-112, 13-2-402, 13-13-301 

death, 13-2-402, 13-13-204, 13-13-243 

deception unlawful, 13-35-208 

defined, 13-1-101 

disabled. See HANDICAPPED VOTERS 



183 GENERAL INDEX 



elderly, 13-3-201, 13-3-202 

exit polling, 13-35-211, 13-35-218 

handicapped. See HANDICAPPED VOTERS 

illiterate, 13-13-119 

initiative petition signatures, gathering at polling place, 

13-13-122, 13-35-211, 13-35-218 
judges of elections, as, 13-4-102 
lists, public availability, 13-2-122 
meetings of, obstruction unlawful, 13-35-213 
mental illness, 13-1-111, 13-2-402, 13-13-301 
military personnel. See MILITARY PERSONNEL 
name change, 13-2-511, 13-2-512 
new voter lists to political parties, 13-38-103 
number voting, record, 13-1-204, 13-15-404, 13-15-506 
party committeeman, as, 13-38-201 

public meetings of, obstruction unlawful, 13-35-213 
qualifications 

age, 13-1-111, 13-1-114 

challenge. See CHALLENGES 

citizenship, 13-1-111, 13-2-206 

convicted offenders, 13-1-111 

mental capacity, 13-1-111 

registration, 13-1-111, See REGISTRATION OF VOTERS 

residence, 13-1-111, See residence, in this category 
register of. See PRECINCT REGISTER 
registration, 13-1-111, See REGISTRATION OF VOTERS 
residence, 13-1-111 

challenge, 13-2-403, 13-13-301, 13-13-304, 13-13-306 

change, 13-1-112, 13-2-511, 13-2-512, 13-2-514 

determination, rules, 13-1-112, 13-1-114 

future residence, registration based on, 13-2-205 

registration in county of, 13-2-202, 13-2-203 

single residence, 13-1-113 

time, computation, 13-1-114 
solicitation 

initiative petition signatures at polling place, 13-13-122, 
13-35-211, 13-35-218 

unlawful, 13-35-218, 13-35-233 
threats and other improper influence on. See CRIMES AND PROHIBITED 
ACTS 
voter information pamphlet. See BALLOT ISSUES 

a4ERGENCIES AND BfERGENCY POWERS 

elections 

judge of election, excuse from polling place, 13-4-207 
polling places, relocation, 13-3-105 

ENDORSEMENT OF CANDIDATES, See CAMPAIGN PRACTICES 



18A 



ERRONEOUS RESULTS, See CONTEST OF ELECTION 

EXPENDITURES, See CAMPAIGN FINANCE 

FEDERAL OFFICE, elections for. See CONGRESSIONAL ELECTIONS; 
PRESIDENTIAL ELECTIONS 

FEES AND COSTS 

annual elections, costs, 13-1-302 

commissioner of political practices, copies of information filed with, 

13-37-119 
election administrators' expenses, 13-1-203, 13-1-302, 13-2-117 
elector lists, copies, 13-2-122 
filing. See also PRIMARY ELECTIONS AND NOMINATIONS 

nomination without primary election, 13-10-503 

nonpartisan primary election, 13-1A-112 
general election, 13-1-302 
mailing laSels, 13-2-122 

nomination without primary election, filing fee, 13-10-503 
nonpartisan primary election, filing fee, 13-1A-112 
paper ballots, 13-17-305 
precinct register copies, 13-2-122 
primary election, 13-1-302 

filing fees. See PRIMARY ELECTIONS AND NOMINATIONS 
recounts, 13-16-205, 13-16-211, 13-16-307 
special elections, 13-1-302 

FINANCES, See CAMPAIGN FINANCE 

FORMS, 13-1-202, 13-19-105 

elections 

ballot issues 

ballot, 13-27-312 
petitions 

constitutional amendment, 13-27-207 
constitutional convention, 13-27-206 
initiative, 13-27-20A 
referendum, 13-27-205 

signatures, verification, 13-27-302, 13-27-304, 13-27-307 
signatures, withdrawn, 13-27-301 
ballots 

absentee ballot envelopes, 13-13-214 
ballot issues, 13-27-312 
judicial incumbents, for, 13-14-212 
paper ballot instructions, 13-12-209 
rejection marking, 13-15-203 
challenges, oath of elector, 13-13-306 
contest of election, complaint, 13-36-203 
mail ballot election, 13-19-105 



185 GENERAL INDEX 



I 



polling places, warning notices, 13-13-113 
registration notice envelopes, 13-2-207 

FRAUD, See also CRIMES AND PROHIBITED ACTS 

ballot issues, 13-27-106 

counting of votes, grounds for contest, 13-36-101 

election officials, by, 13-35-204 

registration of elector, in, 13-35-207 

FUNDING, See CAMPAIGN FINANCE; FEES AND COSTS 

GENERAL ELECTI(»( 

cost, 13-1-302 

date, 13-1-104 

defined, 13-1-101 

mail ballot elections, applicability by laws, 13-19-103, See also MAIL 

BALLOT ELECTIONS 
winner, write-in, 13-15-111 

GIFTS, See CAMPAIGN FINANCE 

GOVERNOR 

election duties 
ballot issues 

certification of filing to, 13-27-308 
certification of votes to, 13-27-503 

committee to prepare arguments, appointment of member, 
13-27-402 
canvass report to, 13-15-507, 13-27-503 
certification of votes to, 13-16-502, 13-27-503 
commissioner of political practices 

appointment and removal, 13-37-102 
reports to governor, 13-37-120 
commissions, issuance, 13-15-504 

congressional elections, issuance of certificates, 13-25-204 
constitutional convention, call for election for delegates, 

13-26-102 
presidential electors, signing of list, 13-25-103 
proclamation, issuance, 13-15-507 
special elections called by, 13-16-502, 13-26-102 
tie vote, duties, 13-16-502, 13-16-503 
U.S. senators and representatives, appointment, 13-25-202, 

13-25-203 
vacancies prior to general election, declaration of acceptance 
period 

for nominations, 13-14-118 



186 



election of 

applicability of laws, 13-25-201 
ballot 

placement, 13-12-207 

rotation, 13-12-205 
campaign contributions 

limitation, 13-37-216 

public, 13-37-302, See CAMPAIGN FINANCE, public funding 
declaration of nomination, 13-10-201 

public funding, 13-37-302, See CAMPAIGN FINANCE, public funding 
tie vote, 13-16-50A 
vacancy of lieutenant governor candidacy, effect, 13-10-328 

HANDICAPPED VOTTERS 

absentee voting, 13-13-201, 13-13-211, 13-13-222 

aid to, by whom, 13-13-119 

challenge of right to vote, 13-13-118 

deception of, unlawful, 13-35-208 

definition-, 13-3-202 

marketing ballot, assistance, 13-13-118, 13-13-119 

polling place 

accessible, 13-3-207 

accessibility classification, 13-3-207 

alternative location, 13-3-213 

designation published, 13-3-105 

display of instructions, 13-13-112 

exemption from requirements of accessibility, 13-13-212, 
13-3-211 

inaccessible, 13-3-207 

rural, 13-3-207 

standards for accessibility, 13-3-205 

survey for accessibility, 13-3-206 

technically inaccessible but "usable", 13-3-207 
precinct register 

assistance in signing, 13-13-llA 

special addendum, 13-2-601 
right to vote, promotion of, 13-3-201 
taking ballot to voter on premises, 13-13-118 

HEALTH EMERGENCY, absentee voting, see illness or health emergency, 
absentee voting 

ILLEGAL VOTES, See CONTEST OF ELECTION 

TT.TJreS S OR HEALTH EMERGENCY, absentee voting 

application for ballot, 13-13-211 -- 13-13-213, 13-13-232 

assistance in marking ballot, 13-13-229 

availability of ballots, 13-13-222 

delivery of ballot to voter, 13-13-212, 13-13-229 

fxinding of program, 13-13-230 

late receipt of ballot, 13-13-232 



187 GENERAL INDEX 



P 



pollbooks, entries, 13-13-234 

qualifications, 13-13-201, 13-13-222 

registration card, comparison of signatures, 13-13-213 

rejected ballots, 13-13-232 

not allowed when, 13-13-229 
request for ballot, 13-13-211, 13-13-229, 13-13-232 
return of voted ballot, 13-13-221, 13-13-232 
voting procedures, 13-13-229 

INDEPENDENT CANDIDATES, See CANDIDATES 

INDIGENT CANDIDATES, See PRIMARY ELECTIONS AND NOMINATIONS 

INFLUENCING ELECTORS IMPROPERLY, See CRIMES AND PROHIBITED ACTS 

INITIATIVES, See BALLOT ISSUES 

INJUNCnCMS WHEN, 13-35-108 

ballot preparation, upon, 13-35-221 

INSTRUCTIMiS GENERALLY, 13-1-202, See ABSENTEE VOTING; MAIL BALLOT 
ELECTIONS; VOTING MACHINES OR DEVICES; VOTING PROCEDURE 

ISSUES, 13-1-101, See BALLOT ISSUES 

JUDGES OF ELECTIONS 

absentee voting board, delivery of ballot, 13-13-229 
absentee voting 

ballot box, deposit of ballot in, 13-13-241, 13-13-242 

by, 13-13-201 

certificate of absentee voting information to, 13-13-233, 

13-13-234, 13-13-233 
death of voter, duties, 13-13-243 
delivery of ballots to, 13-13-232 
examination of ballot by, 13-13-241, 13-13-242 
list of absentee voters posting in polling place, 13-13-233 
opening of ballots by, 13-13-241 
pollbook entries by, 13-13-234 
records by, 13-13-234 
rejected ballots 

affirmation insufficient, rejection by, 13-13-241 

disposition by, 13-13-243 

initialling by, 13-13-241, 13-13-243 

revote in person, initialling of ballot, 13-13-243 
special absentee, 13-13-225 
appointment 

emergency, 13-4-207 



188 



notice, 13-4-104 
ntunber, 13-4-101 
qualifications, 13-4-102 
special absentee, 13-13-225 
vacancies, 13-4-102 
when, 13-4-101 
canvassing of votes 

covinting by, 13-15-101, 13-15-202 

covinting board, 13-15-103 

early counting, disclosure prohibited, 13-15-103 

incorrectness presumed, 13-16-303 

marshal of coiinting board, 13-15-103 

preparation for, 13-15-201 
disposition of election materials, 13-1-303, 13-15-205 
folded together ballots, disposition, 13-15-201 
oaths, 13-15-301, 13-15-403 
pollbook 

certification, 13-15-204 

delivery to election administrator, 13-15-205, 13-15-301 

duplicates for counting board, 13-15-103 

entries by, 13-15-202 

reconciliation with ballots, 13-10-311, 13-15-201 

signing, 13-15-204 
reconciliation of ballots with pollbook, 13-10-311, 13-15-201 
recount, presumption of incorrectness, 13-16-303 
rejection of ballots by, 13-15-201, 13-15-203, 13-15-403 
return of election materials by, 13-1-303, 13-15-205 
returns 

delinquent, notice to, 13-15-402 

delivery, 13-15-205 

posting by, 13-15-101 

preparation, 13-15-101 
sealing of election materials, 13-15-205 
stamp on ballot, missing, 13-15-201 

tally sheets, preparation and disposition, 13-15-202, 13-15-205 
challenges of electors 

affidavit, copy to, 13-2-404 
authority, 13-13-305 

determination by, 13-2-402, 13-13-305, 13-13-307, 13-13-310 
duties, 13-13-304 

examination of voter by, 13-13-304 
list of challenges kept by, 13-13-310 

oath of challenged voter, administering, 13-13-304, 13-13-306 
pollbook entries by, 13-13-311 
record, 13-13-310, 13-13-311 
witnesses, production required by, 13-13-305 
chief judge 

absentee voting certificates to, 13-13-233 

authority, 13-4-201 

designation, 13-4-101, 13-4-207 

duties, 13-4-201, 13-13-233 

excuse from polling place, 13-4-207 



189 GENERAL INDEX 



labels for filled vacancies, delivery to, 13-12-204 

list of absentee electors posted, 13-13-233 

returns, notice when delinquent, 13-15-402 
k supplies 

^ delivery to, 13-12-102, 13-12-204 

disposition by, 13-15-205 

training sessions, 13-4-203 

travel expenses, 13-4-106 

voting machines, training in, 13-17-201 
compensation, 13-4-106 
counting board, 13-4-101, 13-15-103 
duties generally, 13-4-201 

emergencies, excuse from polling place, 13-4-207 
excuse from polling place, 13-4-207 
illness, 13-4-207 

instruction session, 13-4-104, 13-4-106, 13-4-203 
lists selected from, 13-4-102 
mail ballot elections 

canvassing of votes, 13-19-312, 13-19-314 

discrepancies, resolving, 13-19-314 

log of electors' names, 13-19-314 

official register, 13-19-309 

qualification of ballots, 13-19-106 

return/verification envelopes 

deposit in transport box, 13-19-308 
opening, 13-19-301, 13-19-309 

secrecy envelopes 

deposit in ballot box, 13-19-301, 13-19-308, 13-19-309 
opening, 13-19-312 

signature verification, 13-19-308, 13-19-309 

validity of ballot, 13-19-308, 13-19-309 
meeting time, 13-13-101 
notice of 
L appointment, 13-4-104 

training sessions, 13-4-203 
number, 13-4-101 

oaths, 13-4-105, 13-4-202, 13-13-101, 13-15-301, 13-15-403 
other boards, 13-4-101 
party representation, 13-4-102 
polling places 

poll watchers, permission by, 13-13-120 

preparation by, 13-13-101 

proclamation of opening or closing, 13-13-101 
precinct register -- certificate of omission, duties, 13-2-603 
primary elections, duties, 13-10-301, 13-10-311 
qualifications, 13-4-102, 13-4-107 
recounts, presumption of incorrectness, 13-16-303 
residence of elector, noting of change, 13-2-514 
special absentee, 13-13-225 



190 

term of office, 13-A-103 

training sessions, 13-A-lOA, 13-A-106, 13-A-203 

voting machines, for, 13-A-203, 13-17-103, 13-17-201 
travel expenses, 13-4-106 
united states service, electors just discharged from -- presentment of 

certificate of registration, 13-2-515 
vacancies, 13-4-102, 13-4-203 
voting machines or devices 

abuse, control, 13-13-111, 13-17-301 

arrangement at polling place to be in view of, 13-17-301 
ballots, paper -- to voter on request, 13-17-305 
certification of instruction, 13-17-201 
counting of votes, 13-17-305 

instructions for, 13-4-203, 13-17-103, 13-17-201 
paper ballots, provision on request, 13-17-305 
placement in polling place to be in view of, 13-17-301 
remaining too long within, authority to eject voter, 13-13-111, 
13-17-301 
voting procedures generally 
ballot- 
absentee election board, delivery by, 13-13-329 
deposit in ballot box by, 13-13-117, 13-35-202 
given to voter by, 13-35-201 
handed to, 13-13-117, 13-35-201 
secrecy of, violation by, 13-35-202 
stamping, 13-13-116, 13-35-202 
ballot box, deposit of ballot in, 13-13-117, 13-35-202 
booths, authority over use, 13-13-111 
challenges. See challenges, in this category 

disabled elector, assistance to, 13-13-114, 13-13-118, 13-13-119 
illiterate elector, assistance to, 13-13-119 
names of electors, announcement, 13-13-120 
poll watchers, permission to, 13-13-121 
precinct register, assistance to electors and enforcement, 

13-13-114, 13-13-119 
primary elections. See primary elections, in this category 
stamping of ballot, 13-13-116 
voting machines, authority over use, 13-13-111 

JUDICIAL CANDIDATES, See also NONPARTISAN ELECTIONS 

applicability of laws, 13-14-111 

ballot when incumbent unopposed, 13-14-212, 13-14-213 

clerk of the district court. See CLERK OF THE DISTRICT COURT 

clerk of the supreme court, 13-12-207 

district court judges 

ballot arrangement, 13-12-207, 13-14-213 

campaign contribution limitations, 13-37-216 

campaign finance reports, filing, 13-37-226 

certification of vote, 13-15-501 

date, 13-1-104 

declaration of nomination, where filed, 13-10-201 



191 GENERAL INDEX 



I 



general election, date, 13-1-104 

recounts, 13-16-201, 13-16-A18, See also RECOUNTS 

retention when unopposed, 13-14-212, 12-14-213 

tie vote, 13-16-503 
incumbent, unopposed -- ballot, 13-14-212, 13-14-213 
justices of the peace, ballot arrangement, 13-12-207, 13-14-212 
nonpartisan, 13-14-111, See NONPARTISAN ELECTIONS 
political party endorsement prohibited, 13-35-231 
recounts, 13-16-201, 13-16-418, See also RECOUNTS 
retention when unopposed, 13-14-212, 13-14-213 
separate and independent offices, 13-14-211 
supreme court clerk, 13-12-207 
supreme court justices 

ballot arrangement, 13-12-207, 13-14-213 

campaign funds, public, 13-37-302, 13-37-308, See CAMPAIGN FINANCE, 
public funding 

retention when unopposed, 13-14-212, 13-14-213 

tie vote, 13-16-503 
tie vote, 13-16-503 
vacancies among nominees prior to general election, 13-14-118 

ballot form, 13-14-213 

JUDICIAL NOMINATION COIMISSKW 

appointment of nominee to judicial office 

election, subsequent, ballot form, 13-14-213 

LAWS 

applicability, 13-1-201 

mail ballot procedure, 13-19-103 
construction, 13-1-201 
distribution, 13-12-101 
opinions, 13-1-202 
publication, 13-12-101 
uniformity, 13-1-201 

LEGISLATIVE COUNCIL 

ballot issues 

certified copy to when approved, 13-27-504 
recommendations by, 13-27-202 
review, 13-27-202 

LEGISLATURE 

election duties 

ballot issues, appointment of committees to prepare arguments, 
13-27-402 



I 



192 

political practices, commissioner of 

appointment, confirmation, 13-37-102 
reports, to, 13-37-120 

tie votes, election to break, 13-16-504 
election of 

applicability of laws, 13-26-102 

ballot, placement, 13-12-207 

campaign contributions, limitation, 13-37-216 

campaign finance reports, filing, 13-37-226 

certification of vote, 13-15-501, 13-16-418 

constitutional convention delegates, applicability of laws, 
13-26-102 

date, 13-1-104 

declaration of nomination, filing 
fee, 13-10-202 
where filed, 13-10-201 

recount when, 13-16-201, 13-16-418 

tie vote, 13-16-503 

vacancy among nominees, 13-14-118 
electoral districts 

list to secretary of state, 13-1-204 
president of the senate 

ballot issue argviment committee appointments, 13-27-402 
speaker of the house 

ballot issue argument committee appointments, 13-27-402 
vacancies 

nominees for legislature, 13-14-118 

LIBEL, See CAMPAIGN PRACTICES, defamation 

LIEUTENANT GOVERNOR 

election 
ballot 

placement, 13-12-207 

rotation, 13-12-205 
campaign contributions 

limitation, 13-37-216 

public funding, 13-37-302, See CAMPAIGN FINANCE, public funding 
declaration of nomination, 13-10-201 
primaries 

declaration of nomination, 13-10-201 

vacancy in office of governor, effect, 13-10-328 
public funding, 13-37-302, See CAMPAIGN FINANCE, public funding 
tie vote, 13-16-504 
vacancy in office of governor, effect, 13-10-328 

LOANS 

campaign finance, disclosure, 13-37-229, 13-37-230 
consideration for vote, improper as, 13-35-214 



193 GENERAL INDEX 



i 



LOCAL KLKCnONS, See POLITICAL SUBDIVISIONS, ELECTIONS OF 

MACHINES, See VOTING MACHINES OR DEVICES 

NAIL BALLOT ELECTIOtS 

absentee voting, 13-19-303 

affidavit, 13-19-301, 13-19-309 - 13-19-311 

authorized when, 13-19-lOA 

ballots 

affidavit, 13-19-301, 13-19-309 - 13-19-311 

canvassing and handling, 13-19-105, 13-19-312 

deposit 

ballot box, 13-19-106, 13-19-301, 13-19-308 
place of, 13-19-106, 13-19-306, 13-19-307 

destroyed ballots, 13-19-305 

distribution to electors, 13-19-206 

invalid when, 13-19-311, 13-19-313 

lost ballots, 13-19-305 

mailing to electors, 13-19-106, 13-19-206, 13-19-207, 13-19-303 

marking, 13-19-106 

preparation, 13-19-106 

qualification, 13-19-106 

replacement ballots, 13-19-305, 13-19-313 

return of voted ballot, 13-19-306 

by mail, 13-19-106, 13-19-306, 13-19-309 
disposition, 13-19-308, 13-19-309 
in person, 13-19-106, 13-19-306, 13-19-308 
receipt, time, 13-19-306, 13-19-311 

"return/verification envelope" defined, 13-19-102 

"secrecy envelope" defined, 13-19-102 

secrecy of voted ballots, 13-19-105 

signature verification, 13-19-30A, 13-19-308 - 13-19-311, 
13-19-313, 13-19-314 

spoiled ballots, 13-19-305 

transport boxes, 13-19-307, 13-19-308 

validity, 13-19-308, 13-19-309, 13-19-314 

valid when, 13-19-311 

voted when, 13-19-301 
canvassing of votes, 13-19-105, 13-19-106, 13-19-312, 13-19-314 
conduct generally, 13-19-106 
definitions, 13-19-102 

deposit of ballots, place of, 13-19-106, 13-19-306, 13-19-307 
discrepancies, resolving, 13-19-314 
fraud, 13-19-105 

general election laws, applicability, 13-19-103 
initiation 

election administrator, by, 13-19-201, 13-19-203 

governing body, by, 13-19-201 



P 



194 

request, 13-19-202 
mandatory, not to be, 13-19-104 
materials 

distribution to electors, 13-19-206 

form, 13-19-105 

mailed when, 13-19-207 
nonregistered electors, voting, 13-19-304 
notice to elector 

procedural mistakes, 13-19-313 

signature verification, discrepancy, 13-19-310, 13-19-313 
objection to, 13-19-204 
plans, written 

amendments, 13-19-205 

approval or disapproval, 13-19-205 

preparation, 13-19-202, 13-19-203, 13-19-205 

review, 13-19-105 
procedures, 13-19-105. 13-19-106 
prohibited when, 13-19-104 
proportional voting, 13-19-302 
purpose, 13-19-101 
questions, resolving, 13-19-314 
records, 13-19-305, 13-19-309 
request for, 13-19-202 
rules, 13-19-105 
uniformity, 13-19-105 
violations and penalties, applicability of general election laws, 

13-19-103 
voting 

absentee, 13-19-303 

ballots, 13-19-301, See also MAIL BALLOT ELECTIONS, ballots 

close of, procedure, 13-19-312 

nonregistered electors, 13-19-304 

proportional, 13-19-302 
Mailing labels of electors, availability, 13-2-122 

MAPS, precincts, 13-1-204, 13-3-103 

MENTALLY ILL PERSCXIS 

electors, 13-1-111, 13-2-402, 13-13-301 

MILITARY PERSONNEL 

absentee voting, 13-13-211, See ABSENTEE VOTING 

discharge, voting when immediately prior to election day, 13-2-215 
registration. See REGISTRATION OF VOTERS, electors in united states 
service residence, 13-1-112 

MINORS, voting age, 13-1-111, 13-2-205 

MMJEY, illegal consideration for vote, 13-35-214, 13-35-215 



195 GENERAL INDEX 



MUNICIPAL COURT JUDGES, See JXTOICIAL CANDIDATES 

NAMES 

change of, effect on voter registration, 13-2-511, 13-2-512 
political party name, use, 13-10-602 

NOCCNATION OF CANDIDATES 

bribery to influence, 13-35-220 

"candidate" defined, 13-1-101 

certification. See declaration of nominee, in this category; CANVASSING 

OF VOTES 

congressional elections, 13-10-201, 13-25-201 

special election, 13-25-205 
constitutional convention delegates, 13-26-103 
contested, 13-36-101, 13-36-lOA, See CONTEST OF ELECTION 
conviction of election law violations, effect, 13-35-106 
declaration of nominee, 13-15-405, 13-15-507, See also CANVASSING OF 
VOTES, certification 

campaign reporting deficiencies, effect, 13-37-127 

destruction or defacing unlawful, 13-35-206 

falsification unlawful, 13-35-207 

suppression unlawful, 13-35-205 
improper, 13-35-220, 13-35-221 
independent candidates, petition for nomination 

applicability of laws, 13-10-505 

fees, 13-10-503 

filing, 13-10-503 

party nomination, effect, 13-10-305 

presidential elections, 13-10-504 

required, 13-10-501 

signatures, 13-10-502 

write-in nomination by political party, effect of acceptance, 
13-10-305 
injunction restraining, 13-35-221 
minor parties, candidates of -- petition for nomination 

applicability of laws, 13-10-505, 13-10-604 

fees, 13-10-503 

filing, 13-10-503 

presidential election, 13-10-504 

required, 13-10-501 

signatures, 13-10-502 
nonpartisan offices. See NONPARTISAN ELECTIONS 
petition for nomination, 13-10-501 - 13-10-505, 13-10-604 
"political committee" defined, 13-1-101 

naming and labeling, 13-37-210 
political party, by, 13-10-601, See PRIMARY ELECTIONS AND NOMINATIONS 
presidential electors, 13-10-601, 13-25-101 



196 

primary election, by, 13-10-601, See PRIMARY ELECTIONS AND NOMINATIONS 

recounts. See RECOUNTS 

vacancies, 13-10-325 - 13-10-327, 13-10-505 

winner. 13-1-103, 13-15-405, 13-15-507 

withdrawal, 13-10-325 

improper, 13-35-221 
without primary election, 13-10-501 - 13-10-505, 13-10-604 

N(»IPASnSAN ELECTIONS 

applicability of laws, 13-14-111 
ballots 

disposition, 13-14-116 

form, 13-10-209, 13-12-203, 13-14-115 

primary, specific provisions, 13-10-209, 13-14-115 
canvassing of votes, 13-14-116 
counting votes, 13-14-116 
declaration of nomination, 13-10-201, 13-14-112 

register of candidates, entry in, 13-14-114 
filing fee," 13-14-112 

judicial elections, specific provisions. See JUDICIAL CANDIDATES 
nomination by more than one party, procedure, 13-10-303 
nomination by primary election 

ballot, 13-10-209, 13-14-115 

declaration of, 13-10-201, 13-14-112, 13-14-114 

election, 13-14-115, 13-14-116 

petition for, 13-10-503, 13-10-505, 13-14-113, 13-14-114 

vacancies among nominees, 13-14-118 

winners, 13-14-117 
party names, use prohibited, 13-10-303, 13-10-602, 13-14-115 
petition for nomination, 13-10-503, 13-10-505, 13-14-113 

register of candidates, entry in, 13-14-114 
register of candidates, entry, 13-14-114 
vacancies, 13-14-118 

NOTARIES, as deputy registrars, 13-2-102 

NOTICE 

absentee voting, appointment and procedure of counting board, 13-15-105 
ballot issues. See BALLOT ISSUES 

campaign funds, public -- notice of wish to receive, 13-37-307 
campaign statements and reports, noncompliance, 13-12-201, 13-37-121, 
13-37-126 

subsequent compliance, 13-37-127 
campaign violations, to county attorney, 13-37-124 
cancellation of election, 13-1-304 

canvassing of votes, delinquent returns, 13-15-402, 13-15-503 
contest, 13-36-102, 13-36-206 
county central committee meeting, 13-38-205 
criminal acts, warning notice, 13-13-113 
death of elector, 13-13-243 



197 GENERAL INDEX 



r 



N 



judges of elections 

appointment, 13-4-lOA 

training session, 13-4-203 
name of elector, change, 13-2-511 
nomination, 13-10-301 

party selection when nominated by more than one, 13-10-303 

presidential, notice of acceptance or noncandidacy, 13-10-406 
party committee meetings, 13-38-205 
political subdivisions, election of, 13-1-401 
polling place, 13-2-207, 13-2-215, 13-3-105 

warning notice in, 13-13-113 
presidential candidates 

acceptance of nomination, 13-10-406 

noncandidacy, 13-10-406 
recounts. See RECOUNTS 

registration notices. See REGISTRATION OF VOTERS 
residence of elector, change, 13-2-511 
returns, delinquent, 13-15-402, 13-15-503 
signature verification discrepancy, 13-19-310 
special elections, 13-1-108 
tie votes, drawing to break tie, 13-16-501 
voting machines, instructions on use, 13-17-203 
warning notice, 13-13-113 

OATHS 

administering 

election judges, 13-4-105, 13-4-202, 13-13-101, 13-13-118, 
13-13-119, 13-13-306 

political practices, commissioner of, 13-37-111 
election judges, 13-4-105, 13-13-101, 13-35-207 
electors 

challenge, upon, 13-13-306 

disabled electors, 13-13-118, 13-13-119 

falsification, 13-35-207 

precinct register, when name missing erroneously, 13-2-603 

sworn statement for replacement ballot, mail ballot procedure, 
13-19-305 

OFFENSES, See CRIMES AND PROHIBITED ACTS 

OPINKMS, secretary of state, 13-1-202 

PARTIES, See POLITICAL PARTIES 

PENALTIES, See CRIMES AND PROHIBITED ACTS 

PETITIONS, See also specific type of petition 



198 

initiative, duplicate signatures, 13-27-303 

initiative, signature gathering at polling place, 13-13-122, 13-35-211, 

13-35-218, See also BALLOT ISSUES 
nomination, 13-10-501, 13-10-502, 13-10-50A 

nonpartisan candidates, 13-1A-113, 13-14-114 

presidential candidates, 13-10-404, 13-10-405 
nonpartisan candidates, for nomination, 13-14-113, 13-14-114 
presidential elections, for nomination, 13-10-404, 13-10-405 

POLITICAL PARTIES 

absentee election boards, membership, 13-13-225 
ballot, designation on, 13-12-203 

primary elections, 13-10-209, 13-10-303 
bribery, 13-35-220 

campaign contribution limitations, 13-37-216 
committee structure 

city committee, 13-38-202, 13-38-203 
congressional committee, 13-38-203, 13-38-205 
county committee 

appointment, 13-38-203 

city committee vacancies filled by, 13-38-202 

composition, 13-38-202 

judges of elections 

lists of qualified persons submitted by, 13-4-102 
training sessions, notice to chairman, 13-4-203 
rules, 13-38-105, 13-38-203 
vacancies, appointments to fill 

candidates, 13-10-327, 13-38-203, 13-38-204 
committeemen, 13-38-202 - 13-38-205 
national committeemen, selection, 13-38-101 
operation of committees, 13-38-205 
organization of committees, 13-38-205 
party representative, committeeman as, 13-38-202 
precinct committeemen 
election, 13-38-201 
term of office, 13-38-202 
vacancies, 13-38-202 
state committee 

coxinty committee, appointment of, 13-38-203 
rules, 13-38-104 

selection of committeemen, 13-38-203 

vacancies among candidates, appointments to fill, 13-10-327 
vacancies 

candidates, 13-10-327, 13-38-203, 13-38-204 
city committee, 13-38-202 
county committee, 13-38-202, 13-38-205 
women, representation, 13-38-201, 13-38-203, 13-38-205 
congressional vacancies, nominations for special election, 13-25-205 
conventions 

calling, 13-38-101 

county convention, 13-38-205 



199 GENERAL INDEX 



delegates, 13-10-407, 13-38-101, 13-38-205 

national convention, 13-10-407, 13-38-101 

state convention, 13-38-205 
delegates to conventions, 13-10-407, 13-38-101, 13-38-205 
deputy registrars, number determined by, 13-2-102 

election administrators, number of deputies determined by, 13-2-102 
endorsement of candidates. See CAMPAIGN PRACTICES 
judges of election, representation, 13-4-102 
judicial candidates, endorsement prohibited, 13-35-231 
minor parties 

nomination by, 13-10-501, 13-10-604, See NOMINATION OF CANDIDATES 

primary election, petition for, 13-10-601 
motor vehicles, division of -- to supply new voter lists, 13-38-103 
name, use, 13-10-602 
new voter lists, 13-38-103 

nomination by, 13-10-601, See Primary elections and nominations 
nonpartisan candidates may not indicate, 13-14-112, See NONPARTISAN 
ELECTIONS 

endorsement prohibited, 13-35-231 
officers of party, filing fee in primary election not required, 

13-10-202 
offices, 13-38-101 
platform, adoption, 13-38-101 
political (action) committee 

contribution limitations, inapplicability, 13-37-218 

naming and labeling, 13-37-210 
poll watchers from 13-13-120, 13-13-121 
powers generally, 13-38-101 

presidential electors, nomination, 13-10-601, 13-25-101, 13-38-101 
presidential nominating conventions, selection of delegates, 13-10-407 
primary election, 13-10-601, See PRIMARY ELECTIONS AND NOMINATIONS 
rulemaking authority, 13-38-101 

county rules, filing with election administrator, 13-38-105 

state rules, filing with secretary of state, 13-38-104 
signatures, duplicate, 13-27-303 

POLITICAL PRACTICES, COMMISSIMIER OF, See also PUBLIC OFFICERS, 
generally 

advertising to small for identification, filing with, 13-35-225 

appointment, 13-37-102, 13-37-104 

attorneys general, special, 13-37-113 

budget, 13-37-112 

candidacy for office prohibited, 13-37-103 

code of fair campaign practices, provision of form, 13-35-302 

confirmation, 13-37-102, 13-37-104 

county attorney, cooperation with, 13-37-111, 13-37-124 

creation, 13-37-102 

defined, 13-37-101 



200 

enforcement by, 13-37-111 

extent of authority, 13-37-116 

forms, provision, 13-37-117 

fimding, 13-37-112, 13-37-120 

impeachment, 13-37-105 

information to be filed with. See CAMPAIGN PRACTICES, statements and 

information to be filed with commissioner of political practices 
investigative powers, 13-37-111 
legislation, recoimnendations, 13-37-120 

lobbying and lobbyist provisions, duties. See LOBBYING AND LOBBYISTS 
manuals, provision, 13-37-117 
misconduct, 13-37-102, 13-37-105 

misrepresentation of candidate voting record unlawful, 13-35-234 
naming and labeling of political coiranittees, 13-37-210 
nomination, 13-37-102, 13-37-104 

noncompliance orders, authority to issue, 13-37-115, See CAMPAIGN 
PRACTICES, statements and information to be filed with commissioner 
of political practices 
personnel, 13-37-112, 13-37-113, 13-37-120 
political (.action) committee 

contribution limitations, publication, 13-37-218 

name, filing, 13-37-201, 13-37-210 
prosecution by 

commencement, 13-37-124 

costs, 13-37-124 

county attorney, cooperation with, 13-37-124 

extent of authority, 13-37-113, 13-37-116 

investigative authority, 13-37-111 

jurisdiction, 13-37-113 

staff, 13-37-113 

venue, 13-37-113 
prosecution of, 13-37-105 
reappointment, 13-37-103, 13-37-104 
removal, 13-37-102, 13-37-105 
reports of, 13-37-120 
reports to. See CAMPAIGN PRACTICES, statements and information to be 

filed with commissioner of political practices 
rulemaking authority, 13-37-114, 13-37-117, 13-37-226, 13-37-227 
salary, 13-37-106 
selection committee, 13-37-102 
staff, 13-37-112, 13-37-113, 13-37-120 
statements filed with. See CAMPAIGN PRACTICES 
term of office, 13-37-103, 13-37-104 
territorial extent, 13-37-116 

treasurer certification, filing with, 13-37-201 
vacancies, 13-37-104 

POLITICAL SUBDIVISICWS, ELECTKXIS OF, See also specific type of 
subdivision 

administration, 13-1-301 
date, 13-1-104, 13-1-401 



201 GENERAL INDEX 



deputy election administrator for, 13-1-301 

expenses, 13-1-302, 13-1-401 

mail ballot elections. See MAIL BALLOT ELECTIONS 

notice, 13-1-401 

polling place, 13-1-401 

procedure, 13-1-104, 13-1-401 

supervision, 13-1-301 

POLLBOOKS, See VOTING PROCEDURE 

POLLING PLACES 

absentee voters, lists posted, 13-13-233 
accessible to elderly and handicapped, 13-3-207 
arrests to prevent obstruction, 13-13-122 
booths, provision and arrangement, 13-13-111 
campaigning at, on election day, 13-35-211 
change, 13-3-105 

classification of accessibility, 13-3-207 
closing 

procedure after. See CANVASSING OF VOTES 

proclamation, 13-13-101 

time, 13-1-106 
designation, 13-3-105 
disruption, 13-35-206, 13-35-218 
electioneering at, on election day, 13-35-211 
emergency change, 13-3-105 

emergency exemption from accessibility standards, 13-3-211 
exit polling, 13-35-211, 13-35-218 
hours open, 13-1-106, 13-19-307 
inaccessibility, 13-3-207 
initiative petitions, signature gathering, 13-13-122, 13-35-211, 

13-35-218 
instructions, display, 13-13-112 

removal or destruction on election day, 13-35-206 
location, 13-3-105 

notice, 13-2-207, 13-2-215, 13-3-105 
mail ballot elections, places of deposit - hours open, 13-19-307 
notice of location, 13-2-207, 13-2-215, 13-3-105 
notice of accessibility designation, 13-3-105 
number, 13-3-104 

obstruction, 13-13-122, 13-35-206, 13-35-218 
opening or closing 

certification when not open, 13-15-402 

places of deposit, mail ballot procedure, 13-19-307 

proclamation, 13-13-101 

time, 13-1-106 
political subdivisions, for elections of, 13-1-401 
pollbooks. See VOTING PROCEDURE 



202 



poll watchers, 13-13-120, 13-13-121 

preparation, 13-13-101 

procedure at. See VOTING PROCEDURE 

proclamation of opening or closing, 13-13-101 

public buildings as, 13-3-105 

registration lists, display, 13-2-115, 13-35-205 

returns posted at, 13-15-101, 13-35-206 

rural, 13-3-207 

sample ballots, display, 13-13-112, 13-35-206 

solicitation of voters at, 13-35-218 

standards for accessibility, 13-3-205 

supplies 

delivery to, 13-12-102 

removal or destruction, 13-35-206 
survey for accessibility, 13-3-206 
t'echnically inaccessible but usable, 13-3-207 
time open, 13-1-106 

voting machines, provision and arrangement, 13-13-111 
voting procedure. See VOTING PROCEDURE 
warning notice, display, 13-13-113 

PRECINCT REGISTER 

action to compel entry of name, 13-2-602 

combined, 13-2-116 

copies, availability, 13-2-122 

disposition after election, 13-15-205, 13-15-301 

evidence, 13-2-601 

form, 13-2-116 

omission from, 13-2-601 - 13-2-603 

preparation, 13-2-116 

printing, 13-2-116 

signing, 13-2-116, 13-13-llA, 13-13-119 

special addendum to, 13-2-601 

PRECINCTS 

bovindaries, changes, 13-3-102 

certification, 13-3-102, 13-3-103 
defined, 13-3-101 
designation, 13-3-101 

laws, copies of election laws to each, 13-12-101 
list by secretary of state, 13-1-204 
maps, 13-1-204, 13-3-103 
number, 13-3-101, 13-3-104 

polling places, 13-3-104, See POLLING PLACES 
redistricting and reapportionment, effect, 13-3-102 
register. See PRECINCT REGISTER 
territorial extent, 13-3-104 
tie vote for precinct office, 13-15-405 
voter information pamphlets available at, 13-27-410 
wards, 13-3-104 



k 



203 GENERAL INDEX 



PRESIDENTIAL ELECTIONS 

applicability of laws, 13-25-103 
ballot arrangement, 13-12-202 

electors names prohibited, 13-25-101 

order, 13-12-207 

rotation, 13-12-205 
campaign finance reports, 13-37-225 
canvassing of votes, 13-15-501, 13-25-103 
certification of candidates, 13-25-101 
counting of votes, 13-15-501, 13-25-102 
date, 13-1-lOA 

electoral college, 13-25-lOA 
electors 

compensation, 13-25-106 

election, 13-25-102, 13-25-103 

filing fee not required, 13-10-202 

lists of electors, 13-25-103 

lists of votes by, 13-25-105 

meeting, 13-25-104 

nomination, 13-10-601, 13-25-101, 13-38-101 

number, 13-25-102 

travel expense, 13-25-106 

vacancy in office, 13-25-107 

voting by, 13-25-104, 13-25-105 
general election, date, 13-1-104 

independent candidates, filing petition for nomination, 13-10-504 
lists of votes, 13-25-105 

minor party candidates, filing petition for nomination, 13-10-504 
national convention, selection of delegates, 13-10-407, 13-38-101 
primary. See PRIMARY ELECTIONS AND NOMINATIONS 
returns, 13-25-103 
winner, 13-25-104 

PRIMARY ELECTI(»IS AND NOIfINATI(»<S 

absentee ballots, disposition of unvoted party ballot, 13-13-214, 

13-13-242, See also ABSENTEE VOTING 
applicability of laws, 13-10-208, 13-10-301 
appointment of successor candidate, 13-10-326, 13-10-327 
ballots. See also BALLOTS 

arrangement, 13-10-209, 13-10-303 

certification, 13-10-208, 13-10-327 

form, 13-10-209 

labels for filled vacancies, 13-12-204 

nonpartisan ballots, 13-10-209, 13-14-115 

party ballot, 13-10-209 

presidential preference, 13-10-402, 13-10-403 



20A 



printing, 13-10-208 

vacancies, labels when filled, 13-12-204 
cancellation, 13-1-30A, 13-10-209 
certification of candidates, 13-10-208, 13-10-209 

successor candidates, 13-10-327 
counting ballots, 13-10-301, 13-10-311 

tie vote, 13-16-501 
date, 13-1-104, 13-1-107 

presidential, 13-10-401 
death of candidate, 13-10-326, 13-10-327 

governor or lieutenant governor, 13-10-328 
declaration for nomination, 13-10-201, 13-10-303, 13-10-326 

successor candidates, 13-10-327 
defined, 13-1-101 
double nomination, 13-10-303 
"election" defined, 13-1-101 
eligibility, 13-10-601, 13-10-604 
filing fees, 13-10-202 

indigent candidates, 13-10-201, 13-10-203, 13-10-204 

presidential petitions for nomination, not required, 13-10-405 

refunds prohibited, 13-10-325 

successor candidates, 13-10-327 

write-in candidates, 13-10-204 
indigent candidates 

declaration for nomination, 13-10-201 

filing fees, 13-10-201, 13-10-203, 13-10-204 

write-in candidate, 13-10-203, 13-10-204 
mail ballot elections, see MAIL BALLOT ELECTIONS 
minor parties, petition for, 13-10-601 
nonpartisan elections, applicability of laws, 13-14-112, See also 

NONPARTISAN ELECTIONS 
notice 

nomination, of, 13-10-301 

party selection when nominated by more than one, 13-10-303 

presidential candidates, notice of acceptance on ballot or 
noncandidacy, 13-10-406 
omission of election when, 13-10-209 
party committeemen, election at, 13-38-201 

party eligibility for primary election, 13-10-601, 13-10-604 
party name, use, 13-10-602 
petition for, 13-10-601 
"political committee" defined, 13-1-101 
presidential preference 

ballot, 13-10-402, 13-10-403 

date, 13-10-401 

effect, 13-10-407 

national convention delegates, 13-10-407 

no preference, 13-10-403 

petitions of nominations, 130-10-404, 13-10-405 
recounts. See RECOUNTS 

register of candidates, 13-10-205, 13-14-114 
registration list, 13-2-115 



205 GENERAL INDEX 



I 

I 



ft 



return of votes, 13-10-301, 13-10-311, 13-16-501 

tie vote, 13-16-501 

unnecessary when, 13-1-304, 13-10-209 

vacancy 

general election, prior to, 13-10-327, 13-38-101, 13-38-204 

labels on ballot, 13-12-204 

primary election, prior to, 13-10-326 

voided election, due to, 13-35-107 
voiding of election, 13-35-107 
voting procedure, 13-10-301 

absentee voting, 13-13-214, 13-13-242 

voting machines or devices, specification for secret party 

selection, 13-17-103 
withdrawal of candidate, 13-10-325 - 13-10-327 
write-in candidates 

acceptance of nomination, 13-10-204, 13-10-305 

filing fee, 13-10-203 

independent candidate, 13-10-305 

indigent candidate, 13-10-203 

presidential preference, 13-10-403 

previously nominated candidate, 13-10-302 

requirements, 13-10-204 

PRIS(»IERS 

candidacy for office, ineligible when, 13-35-106 
challenge of right to vote, 13-13-301, 13-13-306 
registration, cancellation, 13-2-402 
residence, effect, 13-1-112 
voting right, effect, 13-1-111 

PROHIBITED ACTS, See CRIMES AND PROHIBITED ACTS 

PROXY, use by political parties in county central committees, 13-38-205 

PUBLIC CAMPAIOI FUND ACT. 13-37-301, See CAMPAIGN FINANCE 

PUBLIC EMPLOYEES 

right of expression, 13-35-226 

unlawful practices, 13-35-226 

voting machines, when advisors on, 13-17-102 

PUBLIC OFFICERS 

defined, 13-1-101 
elections 

libel during, 13-35-234 

"public office" defined, 13-1-101 



206 

violation of election laws, effect, 13-35-106 

voting machines, when advisors on, 13-17-102 
malfeasance, misfeasance, or nonfeasance in office 

election law violations, 13-35-106 
political activity 

libel by, 13-35-23A 
"public office" defined, 13-1-101 
removal from office, 13-35-106, 13-35-23A 

PUBLIC RECOSDS, See RECORDS 

PUBLIC SERVICE CONMISSI(»I 

election of 

ballot, placement, 13-12-207 

campaign contributions, limitation, 13-37-216 

QUALIFICATIONS OF ELECTORS, See ELECTORS 

RADIO NOTICES 

constitutional amendments, proposal, 13-27-311 
local elections, of, 13-1-AOl 
political subdivisions, of, 13-1-AOl 
polling places, location, 13-3-105 
voter registration 

cancellation, 13-2-401 

close, 13-2-301 
voting machine information, 13-17-203 

RECORDS 

absentee ballots, 13-13-233, 13-13-23A 
ballot issues, copies of petitions, 13-27-305 
ballots 

absentee ballots, 13-13-233, 13-13-234 

number to each precinct, 13-12-210 
campaign. See CAMPAIGN FINANCE; CAMPAIGN PRACTICES; CAMPAIGN TREASURER 
canvass report, 13-15-404, 13-15-506 
challenges, 13-13-310 
destruction, 13-1-303, 13-35-206 
election administrator, maintenance by, 13-1-301 
injury, unlawful, 13-35-206 
logs, mail ballot procedure 

place of deposit signature log, 13-19-308 
pollbook. See VOTING PROCEDURE 
preservation, 13-1-303 
public, 13-1-109, 13-1-204 

ballot issue petitions, destruction, 13-27-305 

campaign reports, 13-37-119, 13-37-231, 13-37-305 

campaign treasurer's accounts, 13-37-208 

destruction, 13-1-303, 13-27-305, 13-37-231 



I 



207 GENERAL INDEX 



political parties, treasurer's reports, 13-37-305 

retention, 13-1-303 

secretary of state's records, 13-1-204 

tampering with, 13-35-207 
recounts, 13-16-417, 13-16-418 
registration of candidates, 13-10-205 
registration of voters, 13-1-301, 13-2-112 
secretary of state, maintenance by, 13-1-204 

RECOUNTS 

candidates may be present, 13-16-302, 13-16-411 

certificate of election or nomination to candidate, 13-16-418, 

13-16-419 
certification of recount results, 13-16-418 
certification of tie vote, upon, 13-16-203 
close elections, grounds for petition, 13-16-201 
county canvassers, petition for, 13-15-403 
county recount board 

candidates as members, 13-16-101 

certification of results by, 13-16-418 

certification of tie, recoxint procedure, 13-16-203 

composition, 13-16-101 

court order, meeting upon, 13-16-301, 13-16-305 

meetings, time, 13-16-204, 13-16-301 

personnel, 13-16-101 

petition, meeting upon, 13-16-204 

procedure, 13-16-412 - 13-16-414 

report, 13-16-416 

resealing of ballots and machines, 13-16-417 

secretary, 13-16-101 

time of meetings, 13-16-204, 13-16-301 

vacancies, 13-16-101 

voting machines, testing by, 13-16-414, 13-16-417 
court order, under 

application, 13-16-301, 13-16-302, 13-16-306 

costs, 13-16-306, 13-16-307 

counsel, 13-16-302 

county recount board, by 13-16-301, 13-16-305 

disqualification of judge, 13-16-304 

expenses, 13-16-306, 13-16-307 

hearing, 13-16-301, 13-16-302 

joinder, 13-16-306 

jurisdiction, 13-16-301, 13-16-304 

limitation of recount, 13-16-305 

presumption of incorrectness, 13-16-303 

scope of recount, 13-16-305 

service of application, 13-16-302 

time for application, 13-16-301 



208 



time for recount, 13-16-30A 

venue, 13-16-301 

when, 13-16-301 
disposition of ballots and election materials pending, 13-1-303 
news media, representation, 13-16-411 
notice to 

county recount board, 13-16-204 

election administrators, 13-16-201 

state canvassers, board of, 13-16-419 
paper ballots, procedure, 13-16-412 - 13-16-414 
petition by county canvassers, 13-15-403 
petition, upon 

applicability of laws, 13-16-203 

bond, 13-16-211 

county canvassers, board of -- by, 13-16-211 

coxinty recoxint board, by, 13-16-204 

expenses, 13-16-205, 13-16-211 

grounds, 13-16-201, 13-16-211 

tie vote, applicability of laws, 13-16-203 

total vote cast, defined, 13-16-202 
press may be present, 13-16-411 
public, to be, 13-16-411 
record, 13-16-416, 13-16-418 
report, 13-16-416 
representation of candidate or sides of ballot issue, 13-16-302, 

13-16-411 
sealing of votes and materials after recount, 13-16-417 
state canvassers, board of -- by, 13-16-205, 13-16-419 
tally sheets, 13-16-415 

tie vote, after, 13-16-203, 13-16-501, See also TIE VOTES 
totals, 13-16-415, 13-16-418, 13-16-419 
voting machines or devices, procedure, 13-16-413 

retesting equipment, 13-16-414 
write-in votes, 13-16-414 

REFERENDA, See BALLOT ISSUES 

REGISTER OF CANDIDATES, 13-10-205, 13-15-114 

REGISTER OF VOTERS, See PRECINCT REGISTER 

REGISTRAR OF VOTERS, 13-1-101, See COUNTY ELECTION ADMINISTRATOR 

REGISTRATKMI FOR PRIMARY, See PRIMARY ELECTIONS AND NOMINATIONS 

REGISTRATICm OF VOTERS 

action to compel, joinder of parties, 13-2-602 
administration, 13-1-301, See COUNTY ELECTION ADMINISTRATOR 
age, 13-2-205 

cancellation, 13-2-401, 13-2-402 
fraudulent, when, 13-35-209 



209 GENERAL INDEX 



residence change, upon, 13-2-514 

transfer, upon, 13-2-513 

unlocatable electors, 13-2-207 
card. See form 

certificate of omission, 13-2-603 
challenges, 13-2-403, 13-2-40A, See also CHALLENGES 

cancellation upon, 13-2-402 

vote of challenged voter, 13-13-311 
citizenship, 13-2-206 
close of 

acceptance of forms after, 13-2-102, 13-2-203 

correction of mistakes on forms, 13-2-301 

notice, 13-2-301 

procedure, 13-2-301 

registration during closed period, 13-2-302 
completion, 13-2-114 
constitutional convention delegate qualifications, applicability of 

laws, 13-26-110 
costs, 13-2-117 
deputies, before, 13-2-102 
duplicates, 13-2-402 
effect, 13-2-601 
elector in xinited states service 

defined, 13-2-211 

federal postcard, 13-2-212, 13-2-214 

mail, by, 13-2-212 

term of employment, effect, 13-2-215 

write-in ballot, 13-13-271 
evidence, 13-2-601 

falsification, 13-35-207, 13-35-209 

federal postcard application, 13-2-211, 13-2-212, 13-2-214, 13-2-215 
filing of forms, 13-2-112, 13-2-114, 13-2-214 
form, 13-2-112, 13-2-114, 13-2-203 
fraud, 13-35-207, 13-35-209 
hours for, 13-2-201 
impersonation of elector, 13-35-209 
lists, 13-2-115, 13-35-205 
mail, by, 13-2-203, 13-2-212 
name change, 13-2-511, 13-2-512 
notice 

cancellation, 13-2-401 

challenge, 13-2-403, 13-2-404 

close of registration, 13-2-301 

name change, 13-2-511 

polling place, of 13-2-207, 13-2-215 

previous registration, 13-2-515 

registration, 13-2-207, 13-2-214, 13-2-215, 13-2-515 

residence change, 13-2-511 
numbering of forms, 13-2-114 



210 



omission from precinct register, 13-2-603 

personal appearance, by, 13-2-202 

precinct register. See PRECINCT REGISTER 

previous registration, notice to appropriate officer, 13-2-515 

prospective electors, 13-2-205 

records, 13-2-112 

registrars, 13-1-101, See COUNTY ELECTION ADMINISTRATOR 

required, 13-1-111, 13-2-601 

reregistration, 13-2-401, 13-2-A03 

residence, 13-1-111, 13-2-205 

change, 13-2-511, 13-2-512, 13-2-51A 
social security number as registration number, 13-2-114 
time for, 13-2-201, 13-2-203 
transfer of registration 

failure to transfer, 13-2-512 

grounds, 13-2-511 

procedure, 13-2-511, 13-1-513, 13-2-514 

REJECTION OF BALLOTS, See CANVASSING OF VOTES; MAIL BALLOT ELECTIONS 

RELIGIOUS ORGANIZATIWiS, improper influence, 13-35-218 

REPUBLICANS, See POLITICAL PARTIES 

RESIDENCE 

election administrators, deputies, 13-2-102 
elections 

absentee ballot applications to covinty of residence, 13-13-212 
ballot issues, filing and signers of petition, 13-10-502 - 

13-10-504, 13-27-307 
campaign noncompliance orders, venue for review, 13-37-122 
campaign reports, filing, 13-37-225 
candidates, indigent -- statement on petition for nomination, 

13-10-203 
contest, venue, 13-36-103 

electors, 13-1-111 - 13-1-114, See also ELECTORS, residence 
political parties, 13-38-201, 13-38-202 
presidential electors, 13-25-107 
recounts 

bond posted where, 13-16-211 
venue for application, 13-16-301 
political parties 

city central committeemen, 13-38-202 
precinct committeemen, 13-38-201, 13-38-202 

RETURNS, See CANVASSING OF VOTES 

RI(3TS 

elderly and handicapped electors, 13-3-201 
initiative, 13-27-101 



I 



211 GENERAL INDEX 



public employees, expression, 13-35-226 

recount, confrontation upon application, 13-16-302 

referendum, 13-27-101 

vote 

abuse unlawful, 13-35-210 

candidate's pledge to uphold, 13-35-301 

generally. See ELECTORS, qualifications 

SALARIES 

campaign contributions, increase to offset, 13-35-228 
election judges, 13-A-106 

political practices, commissioner of, 13-37-106 
presidential electors, 13-25-106 

SAMPLES AND TESTING 

ballot issues, sample of petition, 13-27-202 
ballots, 13-12-214, 13-13-112 

nonpartisan, 13-14-115 

voting machine, 13-17-203 
forms, generally, 13-1-202 
petition for nomination form, 13-10-501 
voting machines 

ballot, 13-17-203 

testing, 13-17-101, 13-17-102, 13-17-105, 13-17-107 

SCHOOL DISTRICTS 

clerk of the district as election administrator, 13-1-101, See COUNTY 

ELECTION ADMINISTRATOR 
election administrator, 13-1-101, See COUNTY ELECTION ADMINISTRATOR 

SCHOOL ELECTICXiS 

campaign practices exceptions, 13-37-206 

county election administrator, 13-1-101, See COUNTY ELECTION 

ADMINISTRATOR 

expenses, 13-37-206 

meetings of electors, disturbing unlawful, 13-35-213 

political subdivisions, annual elections to be held with, 13-1-104 

registrar, 13-1-101, See COUNTY ELECTION ADMINISTRATOR 

SECRETARY OF STATE AS CHIEF ELECTION OFFICER, 13-1-201 

absentee voting -- ballot affirmation, prescription of form, 

13-13-214 
administration by, 13-1-201 
advisory opinions by, 13-1-202 



212 



ballot Issues 

abstract of votes to, 13-27-503 
ballot form 

abbreviated form, 13-27-501 
certification, 13-27-501 
separate ballot, approval, 13-27-502 

transmittal to attorney general, 13-27-310, 13-27-313 
canvass of votes, 13-27-503 

constitutional amendment, notice by, 13-27-311 
constitutional convention, submission to electorate, 13-1-121 
copies of approved issues to legislative council, 13-27-504 
effective date, effect of filing canvass report, 13-27-105 
election duties, 13-1-201 
fiscal notes and statements 
certification, 13-27-501 
forwarding to, 13-27-312, 13-27-315 
notice of action upon, 13-27-316 
legislative council 

copies of approved issues to, 13-27-504 

recommendations and correspondence, availability, 13-27-202 
petitions 

addressed to, 13-27-204 - 13-27-207 
approval by, 13-1-101, 13-27-202, 13-27-312 
filing with, 13-27-104, 13-27-202, 13-27-316 
legislative council recommendations and correspondence, 

availability, 13-27-202 
nvunbering, 13-27-203 

rejection by attorney general, notice to, 13-27-312 
signature verification, 13-27-303, 13-27-304, 13-27-306, 
13-27-307 
results to, 13-27-503 
separate ballots, approval, 13-27-502 
statement of purpose or implication 
certification, 13-27-501 
forwarding to, 13-27-312, 13-27-315 
notice of action upon, 13-27-316 
title used by, 13-27-501 
voter information pamphlet, preparation, 13-27-401 

arguments submitted to, 13-27-402, 13-27-406 - 13-27-408 
committee appointments, duties, 13-27-403 

notification to appointees, 13-27-403 
delivery, arrangement, 13-27-410 
expenses of committee to, 13-27-405 
improper arguments, 13-27-408 
printing, arrangement, 13-27-410 

rebuttal argvmients filed with, 13-27-407, 13-27-408 
ballots 

certification by, 13-10-208, 13-12-201, 13-27-501 

abbreviated form of, 13-27-501 
form, prescription, 13-12-202 
order, prescription, 13-12-207 
preservation plan, 13-1-303 



213 GENERAL INDEX 



campaign finance, public funding -- record of disbursements maintained 

by, 13-37-305 
campaign practices, code of fair -- forms provided to, 13-35-302 
campaign reporting noncompliance, notice that candidate's name should 

not appear on ballot, 13-37-126 
candidates 

election laws, provision to, 13-12-101 
register of, 13-10-205, 13-lA-llA 
canvassing of votes 

certification of county canvass to, 13-15-501 
certification of pollbook to, 13-15-204 
commission to governor, issuance to, 13-15-504 

delinquent returns, notice to election administrators, 13-15-503 
mail ballot elections, 13-19-105 
report, preparation, 13-15-506 

state canvassers, secretary of board, 13-15-502, See also 
CANVASSING OF VOTES 
challenge of ballot issue statements of purpose or implication or 
fiscal statement, notice to, 13-27-316 
chief election officer, as, 13-1-201 

code of fair campaign practices, provision of forms to, 13-35-302 
commissions to elected individuals, 13-15-504 
congressional elections 

declaration of nomination to, 13-10-201 
tie vote, certification to governor, 13-16-502 
constitutional amendments and conventions, u.s., 13-26-105, 

13-26-109 
constitutional amendments, Montana, See ballot issues, in this 
category 

construction of laws, to insure uniformity, 13-1-201 
contest of election 

election materials, preservation pending, 13-1-303 
laws, provision to election administrators, 13-12-101 
deputy registrars, list compiled, 13-2-102 
districts, list to, 13-1-204 

election administrators -- training, advice, and assistance to, 
13-1-203 
election officer, chief, 13-1-201 
adopt rules 

accessibility at the polls, 13-3-203 
mail ballot, procedure, 13-19-105 
electoral districts, list to, 13-1-204 
establish standards for accessibility, 13-3-205 
forms generally, prescription, 13-1-202, 13-19-105, 13-27-301 
gubernatorial campaign fund, record of disbursements maintained by, 

13-37-305 
handicapped voters, prescription of form of affidavit of inability 

to sign precinct register, 13-13-114 
instructions generally, preparation, 13-1-202 



214 

judges of elections, preparation of training materials, 13-4-203 
judicial offices. See also nonpartisan elections, in this category 
declaration of nomination, filing with, 13-10-201 
incumbents, unopposed -- ballot form, 13-14-213 
supreme court, ntimber of offices certified to, 13-14-211 
tie vote, certification to governor, 13-16-503 
laws 

construction, to maintain uniformity, 13-1-201 
distribution by, 13-12-101 
opinions by, 13-1-202 
publication by, 13-12-101 
uniformity, to insure, 13-1-201, 13-19-105 
mail ballot elections 

electors voting more than once, notification to secretary of 

state, 13-19-305 
general powers and duties, 13-19-105 
plan, written -- submission, amendments, approval, or 
disapproval, 13-19-205 
nomination of candidates 

nonpartisan, declaration filed with, 13-14-112 
petition for nomination by independents or minor parties 
filing with, 13-10-503, 13-10-504 
form, prescription, 13-10-501 

nvimber of signatures, determination, 13-10-502 
presidential electors, 13-10-504 
samples, to furnish, 13-10-501 
primary election, by. See primary elections and nominations in 
this category 
nonpartisan elections 

declaration of nomination, filing with, 13-14-112 
petition for nomination, filing with and form, 13-14-113 
register of candidates, entries, 13-14-114 
opinions of, 13-1-202 

political parties, rules filed with, 13-38-104 
precinct register 

form, prescription, 13-2-116 

signing, prescription of affidavit for electors unable to 
sign, 13-13-114 
precincts 

election laws, copies to, 13-12-101 
lists of, maintenance, 13-1-204 
map of, maintenance, 13-1-204 
presidential elections 
electors 

certificates of nomination, filing with, 13-25-101 
lists, preparation and signing, 13-25-103 
payments, certification, 13-25-106 
primaries, 13-10-404 - 13-10-406 
primary elections and nominations 

certification of candidates and ballot, 13-10-208 
certification that no election necessary, 13-10-209 
declaration of nomination to, 13-10-201 



215 GENERAL INDEX 



form, prescription, 13-10-201 
nomination by more than one party, notice of party selection, 

13-10-303 
petition of minor parties to, 13-10-601 
presidential preference 

notice to candidates, 13-10-406 
petition 

filing with, 13-10-405 
form, prescription, 13-10-404 
register of candidates, 13-10-205, 13-14-114 
write-in candidate, acceptance of nomination filed with, 
13-10-204 

records of, 13-1-204 

preservation plan, 13-1-303 

recounts 

certificate of result, copy to, 13-16-418 

expenses, 13-16-205 

notice to county recount board, 13-16-204 

notice to election administrators, 13-16-201 

notice to state canvassers, 13-16-419 

petition for, filing with, 13-16-201, 13-16-211 

state canvassers, arrangement for meeting, 13-16-419 

register of candidates, 13-10-205, 13-14-114 

register of voters. See precinct register, in this category 

registration of voters 

cancellation, prescription of form of notice, 13-2-401 

close, prescription of form of notice, 13-2-301 

federal postcard application, prescription of form, 13-2-212 

mail registration, prescription of form, 13-2-203, 13-2-212 

numbering system, development, 13-2-114 

precinct register, prescription of form, 13-2-116 

register of electors, prescription of form, 13-2-112 

supplies, provision of election laws, 13-12-101 

tie votes 

certification to, 13-16-203 

congressional elections, certification to governor, 13-16-502 
judicial officers, certification to governor, 13-16-503 
legislature, certification to governor, 13-16-503 
primary election, after -- determination by lot, 13-16-501 
state executive offices, certification to legislature, 
13-16-504 

uniformity of election laws, to insure, 13-1-201 

voter registration provisions, prescription of form, 13-2-203 

voting machines or devices 
advisors to, 13-17-102 
approval by, 13-17-101 
ballot form, prescription, 13-17-206 
examination by, 13-17-101 
paper ballots, authorization for use with, 13-17-306 



216 



report on, filing and transmittal, 13-17-101 

rulemaking authority, 13-17-107 

technicians to assist, 13-17-102 
election of 

ballot, placement, 13-12-207 

tie vote, 13-16-504 
legislature 

election 

declaration of nomination, filing with, 13-10-201 
tie vote, certification to governor, 13-16-503 

SECRET BALLOT, 13-1-102 

absentee ballots, 13-13-221, 13-13-242 

qhallenges, effect, 13-13-311 

contents, elector may not divulge, 13-13-119, 13-35-201 

folding for deposit in ballot box, 13-13-117, 13-35-202 

judges and official, violations by, 13-35-202 

voting booth arrangement and use, 13-13-111, 13-17-103 

voting machine arrangement and use, 13-13-111, 13-17-103 

SLANDER, See CAMPAIGN PRACTICES, defamation 

SOLICITING INFORMATICW m ELECTION DAY, See ELECTIONEERING 

SPECIAL ELECTKMJS, specific provisions 

congressional tie votes, to break, 13-16-502 
congressional vacancies, to fill 

nominations, 13-25-205 

representatives, 13-25-203, 13-25-205 

senators, 13-25-202, 13-25-205 
constitutional convention delegates for, 13-26-102 
costs, 13-1-302 
defined, 13-1-101 
"election" defined, 13-1-101 
notice, 13-1-108 

registration lists not required, 13-2-115 
voided elections, held for, 13-35-107 

STATE AUDITOR 

election duties 

presidential electors, payment, 13-25-106 

state canvassers, member of board of, 13-15-502 
election of 

ballot, placement, 13-12-207 

tie vote, 13-16-504 

STATE CANVASSERS, BOARD OF, See CANVASSING OF VOTES 
STATE CENTRAL CGMMITTEE, See POLITICAL PARTIES 



217 GENERAL INDEX 



STATUTES OF LIMITATKXi 

ballot issues, challenge of statements of purpose or implication 

or fiscal statements, 13-27-316 
campaign violations, 13-37-130 
contests, 13-36-102 
criminal actions, 13-35-101 
voiding elections, 13-35-107 

SUPERINTENDENT OF PUBLIC INSTRUCTIWi 

election duties, 13-15-502 
election of 

ballot, placement, 13-12-207 

tie vote, 13-16-504 

SUPPLIES 

ballots. See BALLOTS 

delivery to polling place, 13-12-102 

destruction, 13-35-206 

disposition after election, 13-15-205, 13-15-301 

election administrators to provide, 13-12-102 

election laws, distribution, 13-12-101 

injury to, unlawful, 13-35-206 

judges of election to check, 13-13-101 

removal, unlawful, 13-35-206 

SUPRHIE COURT 

clerk 

election, 13-12-207, 13-16-504 
jurisdiction 

ballot issues, challenge of statement of purpose or implication or 
fiscal statement, 13-27-316 

recounts, substitute judge, 13-16-304 
justices 

election. See JUDICIAL CANDIDATES 

TAXATION 

campaign contributions checkoff, 13-37-303 

TELEVISICW NOTICES 

constitutional amendments, proposal, 13-27-311 
local elections, of, 13-1-401 
political subdivisions, of, 13-1-401 



218 

polling places, location, 13-3-105 
voter registration 

cancellation, 13-2-AOl 

close, 13-2-301 
voting machine information, 13-17-203 

THREATS AND OTHER IMPROPER INFLUENCE OH ELECTORS, See CRIMES AND 
PROHIBITED ACTS 

TIE VOTES, 13-16-501 

ballot issues, 13-15-A05 

cases not provided for, 13-15-405, 13-16-507 

certification, 13-15-405 

congressional elections, 13-16-502 

county commissioners, 13-16-505 

county officers, 13-15-405, 13-16-506 

general election, 13-16-501 

judicial officers, 13-16-503 

legislators, 13-16-503 

precinct offices, 13-15-405 

primary election, 13-16-501 

recount, after, 13-16-203, 13-16-501 

state executive offices, 13-16-504 

TIME 

absentee ballot 

application for, 13-13-211 

available when, 13-13-205 
age of elector, computation, 13-1-114 
ballot issues. See BALLOT ISSUES 
ballots, certification, 13-12-201 

primary elections, 13-10-208 
campaign finance 

contribution deposit statements, 13-37-207 

public funds, distribution, 13-37-304 

reports 

filing, 13-37-226 

period covered by, 13-37-228 

statute of limitations, 13-37-130 
campaign reports and statements 

inspection, 13-37-121, 13-37-123 

noncompliance orders, submission of required information, 13-37-121 
campaign treasurer, filing of certification, 13-37-201 
campaign violations 

notice to county attorney, 13-37-124 

statute of limitations, 13-37-130 
canvassing of votes 

counting, 13-15-101 

county canvassers, board of -- meetings, 13-15-401 

delinquent returns, 13-15-402 



219 GENERAL INDEX 



state canvassers -- board of -- meetings, 13-15-502 
certification of ballots and candidates, 13-12-201 

primary elections, 13-10-208 
challenges 

registration, 13-2-403 
right to vote, 13-2-AOA 
congressional vacancies 

nominations for special election, 13-25-205 
representatives, special election, 13-25-203 
senators, special election, 13-25-202 
constitutional conventions for amendment to u.s. constitution 
delegates, filing, 13-26-103 
meeting, 13-26-106 
contests, commencement, 13-36-102 
counting of votes, 13-15-101 

county canvassers, board of -- meetings, 13-15-401 
criminal acts, statute of limitations, 13-35-101 
general election, 13-1-104 

illness or health emergency, absentee voting 
qualification, 13-13-201, 13-13-211 
request for ballot, 13-13-211, 13-13-212 
initiatives. See BALLOT ISSUES, time 
judges of elections, appointment, 13-4-101, 13-4-102 
mail ballot elections 

absentee voting, 13-19-303 
ballots 

mailing to electors, 13-19-207, 13-19-303 
return of voted ballot, 13-19-307 
receipt, 13-19-306, 13-19-311 
deposit, place of -- time open, 13-19-307 
discrepancies, elector's appearance to correct, 13-19-313 
objection to, filing, 13-19-204 
plan, written -- submission, amendments, approval, or 

disapproval, 13-19-205 
replacement ballots, statement for, 13-19-305 
request for, transmittal and response, 13-19-202 
nomination of candidates 

congressional special elections, 13-25-205 

independents, filing of petition, 13-10-503, 13-10-504, 13-25-205 
minor party candidates, filing of petition, 13-10-503, 13-10-504 
nonpartisan candidates, filing of 
declaration, 13-14-112 
petition, 13-14-113 
nonpartisan candidates and elections 
filing, 13-14-112, 13-14-113 
vacancies, filling, 13-14-118 
political practices, commissioner of 

candidates, prohibited as when, 13-37-103 
reports of, when, 13-37-120 



220 

political subdivisions, notice of election, 13-I-AOl 
polling places 

location designation, notice, and change, 13-3-105 

opening and closing, 13-1-106, 13-19-307 
precinct boundary changes, 13-3-102 

certification, 13-3-102, 13-3-103 
presidential elections or nominations 

certification of candidates, 13-10-208 

date of election, 13-1-lOA, 13-1-107, 13-10-AOl 

declaration of nomination, filing deadline, 13-10-201, 13-10-20A 

party selection when nominated by more than one party, 13-10-303 

presidential preference, filing of petitions, 13-10-405 

vacancies, appointments to fill, 13-10-327 

withdrawal, 13-10-325 

write-in candidate, filing acceptance of nomination, 13-10-20A 
presidential electors, filing of certificate of nomination, 13-25-101 
primary election petition of minor party, submission, 13-10-601 
recoxints 

court order -- filing, hearing, and recoxint, 13-16-301 

petition 

filing, 13-16-201 
recount, 13-16-204 
referenda. See BALLOT ISSUES, time 
registration of voters, 13-2-201, 13-2-203, 13-2-215 

cancellation, 13-2-401 

challenge, 13-2-403, 13-2-404 

close, notice, 13-2-301 

previous registrations, notice, 13-2-515 
residence, computation of length, 13-1-114 
special election, notice, 13-1-108 
state canvassers, board of -- meetings, 13-15-502 
statutes of limitation, 13-35-101, 13-35-107 

vinited states service, registration of electors in, 13-2-214, 13-2-215 
voiding election, statute of limitations, 13-35-107 
voting machines and devices 

approval and report, 13-17-101 

instructions on use, publication, 13-17-203 

TRIVIAL BENEFITS, 13-35-102 

UNIFORMITY OF PROVISIONS, 13-1-201 

U.S. CXWSTITUnON, amendments to. See BALLOT ISSUES, generally; 
CONSTITUTION OF THE UNITED STATES, amendments 

U.S. PRESIDENT, See PRESIDENTIAL ELECTIONS 

U.S. REPRESENTATIVES, See CONGRESSIONAL ELECTIONS 

U.S. SENATORS, See CONGRESSIONAL ELECTIONS 

UNLAWFUL ACTS, See CRIMES AND PROHIBITED ACTS 



221 GENERAL INDEX 



VACANCIES 

campaign reporting incomplete, due to, 13-37-126 

commissioner of political practices, 13-37-104 

congressional offices, special election, 13-25-202 - 13-25-205 

contest, creation by, 13-36-207, 13-36-210 

general election, prior to, 13-10-327, 13-38-101, 13-38-204 

labels on ballot, 13-12-204 

nonpartisan elections, before general election, 13-14-118 

presidential electors, 13-25-107 

primary election, prior to, 13-10-326 

voided election, due to, 13-35-107 

VICE-PRESIDENTIAL ELECTIONS, See PRESIDENTIAL ELECTIONS 

VIOLATIONS, See CRIMES AND PROHIBITED ACTS 

VOIDING OF ELECTION, 13-35-107, See also CONTEST OF ELECTION 

VOTER INFORMATION PAMPHLETS, See BALLOT ISSUES 

VOTERS, See ELECTORS 

VOTING MACHINES OR DEVICES 

absentee elector, use by, 13-13-204 

abuse, 13-13-111, 13-17-301 

advisors to secretary of state, 13-17-102 

applicability of laws, 13-17-106 

approval, 13-17-101, 13-17-107 

arrangement at polling place, 13-13-111, 13-17-301 

ballots 

arrangement, 13-17-206 

destruction or injury, 13-35-206 

paper in lieu of machine, 13-17-305, 13-17-306 
recount, 13-16-413, 13-16-414 

sample ballot, 13-13-112, 13-17-203 

when paper ballots not required, 13-17-305 
certification of election officials, 13-17-201 
counting of votes, 13-15-103, 13-15-202, 13-17-305 
defacing, 13-35-206 
defined, 13-1-101 
demonstration of use, 13-17-204 
error, intentionally causing, 13-35-205 
examination of equipment 

advisors and technicians, 13-17-102 

recount, upon, 13-16-414 

required, 13-17-101 



222 



rulemaking authority, 13-17-107 
exhibit, 13-17-204 
exit polling, 13-35-211, 13-35-218 
experimental use, 13-17-105 
funding, 13-17-104 
injury to, 13-35-206 
instructions for 

electors, 13-13-112, 13-17-203, 13-17-20A 

judges of elections and other election officials, 13-A-203, 
13-17-103, 13-17-201 
notice of use and location, 13-17-203 
number of electors voting, recording, 13-13-115 
number of machines, 13-13-111 
paper ballots when, 13-17-305, 13-17-306 

recount, 13-16-A13, 13-16-AlA 
placement in polling place, 13-13-111, 13-17-301 
pollbook, use with, 13-13-115 
provision, 13-13-111, 13-17-lOA 

recount procedures, 13-16-A13, 13-16-AlA, 13-16-A17 
remaining too long within, 13-13-111, 13-17-301 
rulemaking authority, 13-17-107 

sample ballots, publication, 13-13-112, 13-17-203 
specifications required, 13-17-103 
tampering, 13-35-205, 13-35-206 
technicians to assist secretary of state, 13-17-102 

VOTING PROCEDURE 

absentee. See ABSENTEE VOTING 

after election. See CANVASSING OF VOTES 

arrests to prevent obstruction of polling place, 13-13-122 

assistance to electors. See HANDICAPPED VOTERS 

ballot box, deposit in, 13-13-117 

ballots. See also BALLOTS 

changing after deposit unlawful, 13-35-205 

deposit in ballot box, 13-13-117, 13-35-205 

labels, 13-13-117 

mail ballot elections. See MAIL BALLOT ELECTIONS 

marking, 13-13-117 

number, 13-12-210, 13-13-115 

one to each elector, 13-13-116 

paper 

form, 13-12-209 

instructions, 13-12-209 

pollbook entries, 13-13-115 

voting machines, in lieu of, 13-17-305, 13-17-306 

removal before closing polls unlawful when, 13-35-206 

sample, display, 13-13-112, 13-17-203 

secret. See SECRET BALLOT 

spoiled, 13-12-210, 13-13-112, 13-13-117 

stamping, 13-13-116, 13-15-201 
booths, provision and use, 13-13-111, 13-35-206 



223 GENERAL INDEX 



canvassing of votes. See CANVASSING OF VOTES 

challenges. See CHALLENGES 

changing ballot after deposit unlawful, 13-35-205 

counting votes. See CANVASSING OF VOTES 

disabled voters. See HANDICAPPED VOTERS 

disruption, 13-35-206 

handicapped voters. See HANDICAPPED VOTERS 

illiterate elector, 13-13-119 

impersonation of voter, 13-35-210 

influence of voters, improper. See CRIMES AND PROHIBITED ACTS 

instructions, 13-12-209, 13-13-112, 13-17-203, 13-35-206 

interference with voter, 13-13-122, 13-35-206, 13-35-218 

mail ballot elections. See MAIL BALLOT ELECTIONS 

marking ballot, 13-13-117 

multiple votes by one voter, 13-35-210 

names of electors, announcement, 13-13-120 

number of electors voting, recording, 13-12-210, 13-13-115 

obstruction of polling place, 13-13-122, 13-35-206, 13-35-218 

pollbook entries, 13-13-115 

absentee ballots, 13-13-23A 

canvassing entries, 13-15-202 

certification, 13-15-204, 13-15-A03 

challenged ballots, 13-13-311 

defect, effect, 13-15-A03 

disposition after election, 13-15-205, 13-15-301 

duplicates, 13-15-103 

signing, 13-15-204 
polling place. See POLLING PLACES 
poll watchers, 13-13-120, 13-13-121 
precinct register 

erroneous omission of name, 13-2-603 

handicapped voter, when assisting, 13-13-119 

inability to write, 13-13-llA 

prima facie evidence of right to vote, 13-2-601 

proceedings to compel entry of name, 13-2-601 

signing, 13-2-116, 13-13-llA 
prevention of exercise of right to vote, 13-13-122 
primary elections, 13-10-209, 13-10-301, 13-10-302, 13-10-311 
rejection of ballot. See CANVASSING OF VOTES 
sample ballot, display, 13-13-112, 13-17-203 
secret ballot. See SECRET BALLOT 

spoiled ballot, 13-12-210, 13-13-112, 13-13-117, 13-19-305 
stamping ballot, 13-13-116, 13-15-201 
supplies. See SUPPLIES 

united states service, electors in, 13-2-212, 13-2-21A, 13-2-215 
unqualified voter, vote by, 13-35-210 

voting machines, provision and use, 13-13-111, 13-17-301, See also 
VOTING MACHINES OR DEVICES 
write-in votes, 13-13-117, See also WRITE-IN CANDIDATES AND VOTES 



224 



primary elections, 13-10-302 

voting machines or devices, in, 13-17-103 

WARDS, 13-3-lOA 

WARNING NOTICE, 13-13-113 

WINNER, 13-1-103, 13-15-405, 13-15-507, 13-15-511, 13-25-lOA 

WRITE-IN CANDIDATES AND VOTES 

ballot arrangement, 13-12-208 
"candidate" defined, 13-1-101 
canvassing of votes, 13-15-A03, 13-15-AOA, 13-15-505, 13-15-506, 

13-15-511 
federal write-in ballot, 13-13-271 
general elections, 13-15-511 
labels on ballot, 13-13-117 

primary elections. See PRIMARY ELECTIONS AND NOMINATIONS 
recoiints, I3-16-A1A 

voting machines must allow, 13-17-103 
voting procedure, 13-13-117