Mont. Code Ann. § 13-1-302 — MT Code / Title 13 / Chapter 1 / Part 3 / Section 13-1-302
13-1-302 Election costs
Status: in_force

13-1-302 . Election 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 election 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 administrator or capital expenditures. A county may not charge a political subdivision or school district for the purchase or routine maintenance of a voter interface device. However, the county may charge for the cost of programming a device for the election and for replacement, repairs, or maintenance required due to the political subdivision's or school district's use of the device.

(5) The county governing body shall set a schedule of fees for services provided to school districts by the election administrator. Before finalizing a contract to conduct a school election pursuant to a request under 20-20-417 , the county shall provide the school district with an estimate of costs for each county voter interface device to be used for the election. When a school district is conducting its own election, the school district shall request from the county an estimate of the cost for using a county voter interface device. The county shall provide the estimate within 30 days of receiving the school district's request.

(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.
Mont. Code Ann. § 13-15-112 — MT Code / Title 13 / Chapter 15 / Part 1 / Section 13-15-112
13-15-112 Appointment of counting boards
Status: in_force

13-15-112 . Appointment of counting boards. To count votes in any election under this title, when election judges are appointed under 13-4-101 , each county's governing body shall designate one or more groups of three of the election judges to act as counting boards. The governing body may also designate one or more groups of three of the election judges to act as absentee ballot counting boards under 13-15-104 .
Mont. Code Ann. § 13-22-107 — MT Code / Title 13 / Chapter 22 / Part 1 / Section 13-22-107
13-22-107 Funding
Status: in_force

13-22-107 . Funding. (1) Except for compensation for time spent by employees of the secretary of state and the superintendent of public instruction, public money may not be used to support or fund the youth voting program established in this chapter.

(2) A nonprofit corporation may be formed subject to the provisions of Title 35, chapter 2, to solicit donations from private sources. Money solicited under this subsection must be used only for the youth voting program.
Mont. Code Ann. § 13-22-105 — MT Code / Title 13 / Chapter 22 / Part 1 / Section 13-22-105
13-22-105 Responsibilities of participating schools
Status: in_force

13-22-105 . Responsibilities of participating schools. Participating schools shall, in a timely manner, provide to students and their parents or guardians instruction and guidance on how to participate in the program, youth voter registration procedures and deadlines, a list of candidates and issues, and polling and balloting procedures.
Mont. Code Ann. § 13-16-501 — MT Code / Title 13 / Chapter 16 / Part 5 / Section 13-16-501
13-16-501 Tie vote after recount
Status: in_force

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 declarations 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 .
Mont. Code Ann. § 13-15-404 — MT Code / Title 13 / Chapter 15 / Part 4 / Section 13-15-404
13-15-404 Information to be entered on record
Status: in_force

13-15-404 . Information to be entered on record. (1) The secretary of the board shall prepare and file in the official records of the secretary's office a report of the canvass that 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 county 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 must be entered in the report but must be identified as write-in votes.
Mont. Code Ann. § 13-13-204 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-204
13-13-204 Authority to vote in person -- printing error or ballot destroyed -- replacement ballot -- effect of absentee elector's death
Status: in_force

13-13-204 . Authority to vote in person -- printing error or ballot destroyed -- replacement ballot -- effect of absentee elector's death. (1) (a) If an elector has received but not voted an absentee ballot and the absentee ballot contains printing errors or omissions, the elector may receive a replacement or corrected ballot.

(b) The death of a candidate after the printing of the ballot constitutes a printing error or omission on the ballot.

(2) An elector may:

(a) request a replacement ballot from the election administrator pursuant to subsection (1) or if the original ballot is destroyed, spoiled, lost, or not received by the elector; or

(b) appear at the appropriate polling place on election day and vote in person after being issued a provisional ballot.

(3) A request for a replacement ballot submitted to the election administrator must be made on a form prescribed by the secretary of state and must be made in person, by regular or electronic mail, or by facsimile no later than 8 p.m. on election day.

(4) Upon receiving a request for a replacement ballot pursuant to subsection (3), the election administrator shall mark the original issued ballot as void in the statewide voter registration system and issue a replacement regular ballot to the elector.

(5) A replacement ballot may also be issued pursuant to 13-13-245 .

(6) If an elector votes by absentee ballot and the ballot has been mailed to or received by the election administrator but the elector dies between the time of balloting and election day, the deceased elector's ballot must be counted.
Mont. Code Ann. § 13-13-118 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-118
13-13-118 Taking ballot to disabled elector
Status: in_force

13-13-118 . Taking ballot to disabled elector. (1) 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 may contact the election administrator prior to coming to the premises and request that a ballot be delivered to the elector outside the building where the polling place is located. The chief election judge shall appoint two election judges who, if possible, represent different political parties to take the ballot to the elector. The elector may request assistance in marking the ballot as provided in 13-13-119 .

(2) The judges shall have the elector sign an oath form stating that the elector 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, the judges shall place each ballot in a secrecy sleeve and immediately take the ballot into the polling place and give the ballot to the judge at the ballot box. Any challenge to the elector's right to vote must be resolved as provided in Title 13, chapter 13, part 3.
Mont. Code Ann. § 13-17-107 — MT Code / Title 13 / Chapter 17 / Part 1 / Section 13-17-107
13-17-107 Secretary of state to prescribe rules
Status: in_force

13-17-107 . Secretary of state to prescribe rules. (1) The secretary of state may prescribe rules for the submission of voting systems for examination and additional requirements for approval of voting systems.

(2) The secretary of state shall prescribe rules for the complete procedures necessary to use each type of voting system now approved for use in this state and for each type of system approved for use under the provisions of this chapter.
Mont. Code Ann. § 13-19-201 — MT Code / Title 13 / Chapter 19 / Part 2 / Section 13-19-201
13-19-201 How election initiated
Status: in_force

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 .
Mont. Code Ann. § 13-2-514 — MT Code / Title 13 / Chapter 2 / Part 5 / Section 13-2-514
13-2-514 Change of residence to another county
Status: in_force

13-2-514 . Change of residence to another county. (1) Except as provided in subsection (2)(a), an elector who changes residence to a different county within this state shall register in the new county of residence in order to vote in any election.

(2) An elector who changes residence to a different county 30 days or less before an election may:

(a) vote in person or by absentee ballot in the precinct and county where previously registered; or

(b) update the elector's registration information and vote in the elector's new county of residence, subject to the regular registration provisions of 13-2-301 or the late registration provisions of 13-2-304 .

(3) The registration information of an elector whose information is changed pursuant to this section must be updated in the statewide voter registration list pursuant to rules adopted under 13-2-108 .
Mont. Code Ann. § 13-1-506 — MT Code / Title 13 / Chapter 1 / Part 5 / Section 13-1-506
13-1-506 Provision for vote by corporate or company property owner
Status: in_force

13-1-506 . Provision for vote by corporate or company property owner. If a corporation or company is a property owner entitled to vote under the specific laws governing a special district, the chief executive officer, president, vice president, authorized agent, or secretary of the corporation or company may exercise the right on behalf of the corporation or company.
Mont. Code Ann. § 13-25-307 — MT Code / Title 13 / Chapter 25 / Part 3 / Section 13-25-307
13-25-307 Elector voting
Status: in_force

13-25-307 . Elector voting. (1) The electors shall meet in Helena at 2 p.m. on the first Tuesday after the second Wednesday in December following their election.

(2) After all vacant positions have been filled pursuant to 13-25-306 , the secretary of state shall provide each elector with a presidential and a vice presidential ballot. The elector shall mark the elector's presidential and vice presidential ballots with the elector's vote for the office of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.

(3) Unless otherwise provided by law, each elector shall present both completed ballots to the secretary of state, who shall examine the ballots and accept as cast all ballots of electors whose votes are consistent with their pledges executed under 13-25-304 or 13-25-306 (3). Except as otherwise provided by law, the secretary of state may not accept and may not count either an elector's presidential or vice presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector's pledge.

(4) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot in violation of the elector's pledge executed under 13-25-304 or 13-25-306 (3) vacates the office of elector, creating a vacant position to be filled under 13-25-306 .

(5) The secretary of state shall distribute ballots to and collect ballots from a substitute elector and repeat the process specified in this section until all of the electoral votes have been cast and recorded.
Mont. Code Ann. § 13-37-207 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-207
13-37-207 Deposit of contributions -- statement of campaign treasurer
Status: in_force

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, political committee, or joint fundraising committee must 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 negotiable order of withdrawal account 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 must 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 must be kept by the treasurer as a part of the treasurer's records.
Mont. Code Ann. § 13-10-504 — MT Code / Title 13 / Chapter 10 / Part 5 / Section 13-10-504
13-10-504 Independent or minor party candidates for president or vice president
Status: in_force

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 shall file a petition for nomination with the secretary of state 76 days prior to the date of the general election.

(2) The petition and the affidavits of circulation required by 13-27-302 must first 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 .

(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 or 5,000 electors, whichever is less. The names of the candidates for the required number of presidential electors allowable to Montana must be certified to the secretary of state no later than 76 days before the general election.

(4) A qualified independent presidential candidate may amend the petition and designate or choose a named vice presidential candidate until the filing date provided in 13-25-101 .
Mont. Code Ann. § 13-37-202 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-202
13-37-202 Deputy campaign treasurers
Status: in_force

13-37-202 . Deputy campaign 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, political committee, and joint fundraising 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, political committee, or joint fundraising 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 presiding officer of the political committee or the joint fundraising committee, in the case of a political committee or a joint fundraising committee. The written authorization must be maintained as a part of the records required to be kept by the treasurer, as specified in 13-37-208 .
Mont. Code Ann. § 13-15-207 — MT Code / Title 13 / Chapter 15 / Part 2 / Section 13-15-207
13-15-207 Counting board procedures
Status: in_force

13-15-207 . Counting board procedures. (1) After ballots have been prepared pursuant to 13-15-201 , the election administrator may arrange for the vote count to begin no sooner than 1 day before election day, or immediately upon the closure of the polls, in the manner prescribed in this section.

(2) When a count is conducted after the polls have closed, the counting board shall:

(a) meet at a place designated by the election administrator;

(b) continue counting until the votes cast for all candidates and issues are counted; and

(c) count votes as prescribed in 13-15-206 .

(3) When votes are counted prior to the close of the polls:

(a) the election administrator shall make provisions for the delivery of voted ballots to the counting center at any time prior to the closing of the polls;

(b) the board must be located in a room separate from the room where ballots are being cast;

(c) the ballots may be processed and counted as they are received;

(d) an election judge or other individual having access to early count results is subject to 13-35-241 ; and

(e) votes must be counted as prescribed in 13-15-206 .

(4) (a) When votes are being counted prior to the close of the polls, in addition to the official oath taken and subscribed to by the election judges, the members of the counting board and observers shall complete and sign the following affirmation: "I, _____, will not discuss the results of the early counting of votes at any time prior to the closing of the polls on election day."

(b) The election administrator or chief election judge shall witness and sign the affirmation in subsection (4)(a).
Mont. Code Ann. § 13-15-205 — MT Code / Title 13 / Chapter 15 / Part 2 / Section 13-15-205
13-15-205 Items to be delivered to election administrator by election judges -- disposition of other items
Status: in_force

13-15-205 . Items to be delivered to election administrator by election 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 container, securely sealed, all unused ballots with the numbered stubs attached.

(3) The election judges shall enclose in a separate container, securely sealed, all ballots voted, including those not counted or allowed, and detached stubs from all counted or rejected absentee ballots. This envelope must be endorsed on the outside "ballots voted". At the primary election the unvoted party ballots must be enclosed in a separate container, securely sealed, and marked on the outside "unvoted ballots".

(4) Each election judge shall sign the judge's name across all seals.

(5) The return form provided for in 13-15-101 must be returned with the items provided for in this section but may not be sealed in any of the containers.

(6) The containers required by this section must 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 administrator.

(7) The election administrator shall instruct the chief election judge in writing on the proper disposition of all other election materials and supplies.
Mont. Code Ann. § 13-21-225 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-225
13-21-225 Use of federal write-in absentee ballot
Status: in_force

13-21-225 . Use of federal write-in absentee ballot. A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in 13-21-105 .
Mont. Code Ann. § 13-21-104 — MT Code / Title 13 / Chapter 21 / Part 1 / Section 13-21-104
13-21-104 Adoption of rules on electronic registration and voting -- acceptance of funds
Status: in_force

13-21-104 . Adoption of rules on electronic registration and voting -- acceptance of funds. (1) The secretary of state shall adopt reasonable rules under the rulemaking provisions of the Montana Administrative Procedure Act to implement this chapter. The rules are binding upon election administrators.

(2) The rules must provide that:

(a) there are uniform statewide standards concerning electronic registration and voting;

(b) regular absentee ballots for a primary, general, or special election are available in a format that allows the ballot to be electronically transmitted to a covered voter as soon as the ballots are available pursuant to 13-13-205 ;

(c) a covered voter may, subject to 13-2-304 , register and vote up to the time that the polls close on election day;

(d) a covered voter is allowed to cast a provisional ballot if there is a question about the elector's registration information or eligibility to vote;

(e) a covered voter with a digital signature is allowed the option of using the digital signature as provided in 13-21-107 ; and

(f) a ballot cast by a covered voter and transmitted electronically will remain secret, as required by Article IV, section 1, of the Montana constitution. This subsection (2)(f) does not prohibit the adoption of rules establishing administrative procedures on how electronically transmitted votes must be transcribed to an official ballot. However, the rules must be designed to protect the accuracy, integrity, and secrecy of the process.

(3) The secretary of state may apply for and receive a grant of funds from any agency or office of the United States government or from any other public or private source and may use the money for the purpose of implementing this chapter.
Mont. Code Ann. § 13-14-211 — MT Code / Title 13 / Chapter 14 / Part 2 / Section 13-14-211
13-14-211 Judicial offices separate and independent offices for election purposes
Status: in_force

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 that has more than one district judge is a separate and independent office for election purposes.

(3) Each vacancy for office in a county that has more than one justice of the peace is a separate and independent office for election purposes.
Mont. Code Ann. § 13-27-242 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-242
13-27-242 Petition for constitutional convention initiative
Status: in_force

13-27-242 . Petition for constitutional convention initiative. (1) The following is substantially the form for a petition for a constitutional convention initiative:

PETITION TO PLACE INITIATIVE NO.____, CALLING FOR

A CONSTITUTIONAL CONVENTION, ON THE ELECTION BALLOT

(a) If 10% of the voters in each of 40 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 shall 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 _______________, 20__, general election ballot:

(Title of the initiative written in conformity with 13-27-212 )

(Yes and no statement written in conformity with 13-27-213 )

(c) A signature on this petition is only to put the call for a constitutional convention on the ballot and does not necessarily mean the signer is in favor of calling a constitutional convention.

(d) Voters are advised that either an interim committee or an administrative committee of the legislature in accordance with 5-5-215 or 5-11-105 reviewed the content of this initiative and [did] or [did not] support the placement of the proposed text of this initiative on the ballot. The outcome of the vote was [x] in favor of placing the measure on the ballot and [x] against placing the measure on the ballot.

(e)

WARNING

A person who purposefully signs a name other than the person's own to this petition, who signs more than once for the same issue at one election, or who signs when not a legally registered Montana voter is subject to a $500 fine or 6 months in jail, or both.

(f) Each person is required to sign the person's name and list the person's address or telephone number in substantially the same manner as on the person's voter registration form or the signature will not be counted.

(2) Numbered lines must follow the heading. Each numbered line must also contain spaces for the signature, residence address, legislative representative district number, and printed last name and first and middle initials of the signer. In place of a residence address, the signer may provide the signer's post-office address or the signer's home telephone number. An address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter registration form may not be used as the only means to disqualify the signature of that petition signer.
Mont. Code Ann. § 13-19-314 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-314
13-19-314 Resolving ballots in question
Status: in_force

13-19-314 . Resolving ballots 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 determine without doubt whether a voted ballot is valid or invalid, the election administrator shall give notice to the elector as provided in 13-19-313 .

(2) If, subsequent to following the procedure in 13-19-313 , the election administrator is still unable to determine without doubt whether the voted ballot is valid or invalid, the ballot must be handled as a provisional ballot pursuant to 13-15-107 .
Mont. Code Ann. § 13-35-106 — MT Code / Title 13 / Chapter 35 / Part 1 / Section 13-35-106
13-35-106 Ineligibility to hold office because of conviction
Status: in_force

13-35-106 . Ineligibility to hold office because of conviction. 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 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 office or to hold the position of campaign treasurer in any campaign in the state of Montana until 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), the individual must be removed from nomination or office, as the case may be, even though the individual was regularly nominated or elected.
Mont. Code Ann. § 13-2-402 — MT Code / Title 13 / Chapter 2 / Part 4 / Section 13-2-402
13-2-402 Reasons for cancellation
Status: in_force

13-2-402 . Reasons for cancellation. The election administrator shall cancel the registration of an elector if:

(1) the elector submits a signed written request for cancellation;

(2) a certificate of the death of the elector is filed or if the elector is reported to the election administrator as deceased by the department of public health and human services in the department's reports submitted to the county under 50-15-409 or through an obituary;

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

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

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

(6) a notice is received from the secretary of state or from another county or state that the elector has registered in another county or state;

(7) the elector:

(a) fails to respond to certain confirmation mailings;

(b) is placed on the inactive list; and

(c) then fails to vote in two consecutive federal general elections; or

(8) the elector fails to meet any voter qualification that is listed in 13-1-111 .
Mont. Code Ann. § 13-10-202 — MT Code / Title 13 / Chapter 10 / Part 2 / Section 13-10-202
13-10-202 Filing fees
Status: in_force

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 president, an amount equivalent to the filing fee required for a United States senate candidate;

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

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

(6) for officers of political parties, presidential electors, and officers who receive no salary or fees, no filing fee is required.
Mont. Code Ann. § 13-13-602 — MT Code / Title 13 / Chapter 13 / Part 6 / Section 13-13-602
13-13-602 Fail-safe and provisional voting by mail
Status: in_force

13-13-602 . Fail-safe and provisional voting by mail. (1) To ensure the election administrator has information sufficient to determine the elector's eligibility to vote, an elector voting by mail may enclose in the outer signature envelope, together with the voted ballot in the secrecy envelope:

(a) a Montana driver's license number, Montana state identification card number issued pursuant to 61-12-501 , or the last four digits of the applicant's social security number;

(b) a readable copy of a military identification card, a tribal photo identification card, a United States passport, a Montana concealed carry permit, or a student photo identification card issued by the Montana university system or a school that is a member of the national association of intercollegiate athletics; or

(c) (i) any other form of readable photo identification with the elector's name; and

(ii) a copy of a current utility bill, bank statement, paycheck, notice of confirmation of voter registration issued pursuant to 13-2-207 , government check, or other government document that shows the elector's name and current address.

(2) The elector's ballot must be handled as a provisional ballot under 13-15-107 if:

(a) a provisionally registered elector voting by mail does not enclose with the ballot the information described in subsection (1);

(b) the information provided under subsection (1) is invalid or insufficient to verify the elector's eligibility; or

(c) the elector's name does not appear on the precinct register.
Mont. Code Ann. § 13-27-404 — MT Code / Title 13 / Chapter 27 / Part 4 / Section 13-27-404
13-27-404 Committee presiding officer
Status: in_force

13-27-404 . Committee presiding officer. The appointee of the president of the senate is the presiding officer of any committee to which that officer makes an appointment. The appointing authority for other committees shall name a presiding officer at the time the appointments are made.
Mont. Code Ann. § 13-17-504 — MT Code / Title 13 / Chapter 17 / Part 5 / Section 13-17-504
13-17-504 County audit committee -- membership -- oath required
Status: in_force

13-17-504 . County audit committee -- membership -- oath required. (1) Prior to each federal election, the county governing body shall appoint at least three individuals to serve on the county audit committee from a list of county employees and county residents who have offered to serve on the committee.

(2) The county audit committee may not include:

(a) a person who served as an election judge in the election;

(b) a person employed by the vendor who supplied the vote-counting machines subject to the audit; or

(c) a person who has performed maintenance on the vote-counting machines subject to the audit.

(3) Before beginning service, the audit committee members shall take and subscribe the official oath prescribed by the Montana constitution. The audit committee members may administer the oath to each other.

(4) The county election administrator shall serve as the secretary to the county audit committee.
Mont. Code Ann. § 13-27-502 — MT Code / Title 13 / Chapter 27 / Part 5 / Section 13-27-502
13-27-502 Preparation of ballots with ballot issues
Status: in_force

13-27-502 . Preparation of ballots with ballot issues. (1) Each of the county officials responsible for the preparation of the ballots shall provide for the statewide ballot issues to appear on the official ballot in the form and order in which the statewide ballot issues have been certified by the secretary of state.

(2) All statewide ballot issues must be placed on the same official ballot as the candidates unless the secretary of state provides the election administrator with specific written approval for separate ballots. The secretary of state may issue an approval only when the number of statewide ballot issues to be voted on at an election makes it impractical to print the entire ballot, including the statewide ballot issues, on the same official ballot as the candidates.
Mont. Code Ann. § 13-16-307 — MT Code / Title 13 / Chapter 16 / Part 3 / Section 13-16-307
13-16-307 Expenses of court-ordered recount
Status: in_force

13-16-307 . Expenses of court-ordered 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 must be returned to the applicant.

(3) If the recount 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; however, if the expense is less than the cost, the difference must be refunded to the applicant.

(4) If the recount reverses the results of a ballot issue election, the deposit of the applicant must be returned to the applicant.

(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 applicant shall pay the excess; however, if the expense is less than the cost, the difference must be refunded to the applicant.
Mont. Code Ann. § 13-27-215 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-215
13-27-215 Filing fee
Status: in_force

13-27-215 . Filing fee. (1) A proponent of a statutory initiative, a statutory referendum, a constitutional initiative, or a constitutional convention initiative shall include a nonrefundable filing fee of $3,700 per submitted proposal at the time of submittal to the secretary of state.

(2) The fee must be deposited in an account to the credit of the secretary of state in accordance with 2-15-405 (4). The secretary of state's office shall retain $700, and distribute $2,000 to the legislative services division and $1,000 to the department of justice to help defray the costs of review by those offices.

(3) A proponent may seek a waiver from the fee required in subsection (1) by demonstrating a financial inability to pay without substantial hardship. If a proponent is granted a fee waiver and later financial disclosure forms required by 13-37-225 show financial ability to pay the fee, the proponent is required to pay the fee at that time. If the proponent still fails to pay the fee, a penalty of up to three times the amount of the submission fee may be assessed.

(4) The secretary of state may adopt rules to provide for the administration of this section.
Mont. Code Ann. § 13-36-212 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-212
13-36-212 Declaration of result of election after rejection of illegal votes
Status: in_force

13-36-212 . Declaration of result of election after rejection of illegal votes. If, in any case of a contest on the ground of illegal votes, it appears that 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.
Mont. Code Ann. § 13-16-506 — MT Code / Title 13 / Chapter 16 / Part 5 / Section 13-16-506
13-16-506 Tie vote in election for other county officers
Status: in_force

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.
Mont. Code Ann. § 13-35-102 — MT Code / Title 13 / Chapter 35 / Part 1 / Section 13-35-102
13-35-102 Trivial benefits not covered by criminal provisions
Status: in_force

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 involving trivial benefits incidental to the campaign process which involve no substantial risk of undermining the election process.
Mont. Code Ann. § 13-38-106 — MT Code / Title 13 / Chapter 38 / Part 1 / Section 13-38-106
13-38-106 Precinct committee representative proxies
Status: in_force

13-38-106 . Precinct committee representative proxies. (1) If the use of a proxy by a precinct committee representative elected or appointed pursuant to 13-38-201 is authorized under party rules, the proxy must be:

(a) in writing;

(b) dated on a day or at a time prior to the meeting in which the proxy is used; and

(c) signed or electronically authorized by the precinct committee representative on whose behalf it will be cast.

(2) A precinct committee representative's proxy that is cast in violation of the provisions in this section is invalid, and the outcome of a vote or action determined by the use of a precinct committee representative's unauthorized proxy is void.
Mont. Code Ann. § 13-35-237 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-237
13-35-237 Disclaimer on election materials funded by anonymous contributors
Status: in_force

13-35-237 . Disclaimer on election materials funded by anonymous contributors. If a political committee or a joint fundraising committee claims to be exempt from disclosing the name of a person making a contribution to the political committee or the joint fundraising committee, the committee shall clearly and conspicuously include in all 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, internet website, or other form of general political advertising or issue advocacy the following disclaimer: "This communication is funded by anonymous sources. The voter should determine the veracity of its content."
Mont. Code Ann. § 13-27-601 — MT Code / Title 13 / Chapter 27 / Part 6 / Section 13-27-601
13-27-601 Notification of petitioner -- legal action concerning petition
Status: in_force

13-27-601 . Notification of petitioner -- legal action concerning petition. If a legal action is filed challenging the validity of a petition, the secretary of state shall immediately notify the person who submitted the proposed statewide ballot issue.
Mont. Code Ann. § 13-35-104 — MT Code / Title 13 / Chapter 35 / Part 1 / Section 13-35-104
13-35-104 Attempt as a violation
Status: in_force

13-35-104 . Attempt as a violation. 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 .
Mont. Code Ann. § 13-36-101 — MT Code / Title 13 / Chapter 36 / Part 1 / Section 13-36-101
13-36-101 Grounds for contest of nomination or election to public office
Status: in_force

13-36-101 . Grounds for contest of nomination 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 if the elector believes that:

(1) a deliberate, serious, and material violation of any provision of the law relating to nominations or elections has occurred;

(2) the person was not, at the time of the election, eligible to be a candidate for the office;

(3) votes were cast illegally or were counted or canvassed in an erroneous or fraudulent manner.
Mont. Code Ann. § 13-37-118 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-118
13-37-118 Information voluntarily supplied
Status: in_force

13-37-118 . Information voluntarily supplied. The commissioner shall accept and file any information voluntarily supplied that exceeds the requirements of chapter 35 of this title or this chapter.
Mont. Code Ann. § 13-10-326 — MT Code / Title 13 / Chapter 10 / Part 3 / Section 13-10-326
13-10-326 Vacancy prior to primary election
Status: in_force

13-10-326 . Vacancy prior to primary election. (1) If a candidate for nomination for a partisan office dies or withdraws before the candidate filing deadline established in 13-10-201 (7), the affected political party may appoint someone to replace the candidate by the procedure provided in 13-10-327 .

(2) Except as provided in subsection (3), if a candidate for nomination for a partisan office dies after the candidate filing deadline established in 13-10-201 (7), or is disqualified pursuant to 13-37-126 from having the candidate's name appear on the primary election ballot, the affected political party shall appoint a candidate after the primary election as provided in 13-10-327 if a candidate for that office for that party was not nominated at the primary election.

(3) A political party may not appoint a candidate for an office if no candidate for nomination by that party filed for the office before the primary election or if the deadline for certifying candidate names for the ballot pursuant to 13-10-208 has passed.
Mont. Code Ann. § 13-10-305 — MT Code / Title 13 / Chapter 10 / Part 3 / Section 13-10-305
13-10-305 Independent forfeits place on ballot
Status: in_force

13-10-305 . Independent forfeits place on ballot. An individual who has filed as an independent candidate forfeits the individual's place on the general election ballot as an independent candidate if the individual accepts a write-in nomination for an office as provided in 13-10-204 .
Mont. Code Ann. § 13-21-101 — MT Code / Title 13 / Chapter 21 / Part 1 / Section 13-21-101
13-21-101 Short title
Status: in_force

13-21-101 . Short title. This chapter may be cited as the "Montana Absent Uniformed Services and Overseas Voter Act".
Mont. Code Ann. § 13-36-210 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-210
13-36-210 Punishment
Status: in_force

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 the election or to remove any person from office, it appears that the person was guilty of any corrupt practice, illegal act, or undue influence in or about the nomination or election, the person must be punished by being deprived of the nomination or office and the vacancy must be filled in the manner provided by law. The only exceptions to this judgment are those provided in 13-36-209 . The judgment does not prevent the candidate or officer from being proceeded against by indictment or criminal information for any act or acts.
Mont. Code Ann. § 13-3-201 — MT Code / Title 13 / Chapter 3 / Part 2 / Section 13-3-201
13-3-201 Purpose
Status: in_force

13-3-201 . Purpose. The purpose of this part is to promote the fundamental right to vote by improving access to polling places and accessible voting technology for individuals with disabilities. The provisions of this part acknowledge that, in certain cases, it may not be possible to locate a polling place that meets the standards for accessibility, either because an accessible polling place does not exist 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 voters with disabilities an alternative means for casting a ballot on election day.
Mont. Code Ann. § 13-35-211 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-211
13-35-211 Electioneering -- soliciting information from electors
Status: in_force

13-35-211 . Electioneering -- soliciting information from electors. (1) A person may not do any electioneering at any location where an elector may obtain or vote a ballot, or within 100 feet of any entrance to a building in which an elector may obtain or vote a ballot, during the hours the location is open to obtain or vote a ballot, that aids or promotes the success or defeat of any candidate or ballot issue to be voted on at the election.

(2) A candidate, a family member of a candidate, or a worker or volunteer for the candidate's campaign may not distribute alcohol, tobacco, food, drink, or anything of value to a voter in any location where an elector may obtain or vote a ballot, or within 100 feet of an entrance to a building in which an elector may obtain or vote a ballot, during the hours the location is open to electors to obtain or vote a ballot.

(3) A person may not buy, sell, give, wear, or display at any location where an elector may obtain or vote a ballot, during the hours the location is open to electors to obtain or vote a ballot, any badge, button, or other insignia that is designed or tends to aid or promote the success or defeat of any candidate or ballot issue to be voted on at the election.

(4) A person within a location where an elector may obtain or vote a ballot, during the hours the location is open to electors to obtain or vote a ballot, may not solicit from an elector, before or after the elector has marked a ballot and returned it to an election judge, information as to whether the elector intends to vote or has voted for or against a candidate or ballot issue.
Mont. Code Ann. § 13-25-102 — MT Code / Title 13 / Chapter 25 / Part 1 / Section 13-25-102
13-25-102 Election of electors
Status: in_force

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.
Mont. Code Ann. § 13-37-404 — MT Code / Title 13 / Chapter 37 / Part 4 / Section 13-37-404
13-37-404 Report by political committee operation from state-owned property
Status: in_force

13-37-404 . Report by political committee operation from state-owned property. (1) If a person other than an individual leases office space from the state or the Montana university system, files as a political committee pursuant to 13-37-201 , and has more than $5,000 in expenditures in a calendar year, the person shall submit a report by April 1 of the succeeding year to the legislative services division in accordance with 5-11-210 . The report must contain the following information:

(a) the name of the political committee, the type of political committee, the political committee's mailing address, and the name of the political committee's treasurer;

(b) the purpose of the political committee or the name of the candidate or ballot issue supported or opposed by the committee;

(c) the total amount of contributions received by the committee in the preceding calendar year;

(d) the total amount of expenditures made by the committee in the preceding calendar year; and

(e) a listing of any reports submitted by the organization to the commissioner of political practices.

(2) The executive director of the legislative services division shall distribute a copy of the report to the members of the state administration and veterans' affairs interim committee and the members of the corresponding standing committees with jurisdiction over election laws. If the report is submitted by an entity leasing property from the Montana university system, the report must also be distributed to the members of the education interim committee and the members of the corresponding standing committees with jurisdiction over education laws.
Mont. Code Ann. § 13-1-107 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-107
13-1-107 Times for holding primary elections -- cost of municipal election
Status: in_force

13-1-107 . Times for holding primary elections -- cost of municipal election. (1) On the first Tuesday after the first Monday in June preceding a general election held in an even-numbered year, a primary election must be held throughout the state.

(2) On the Tuesday following the second Monday in September preceding a general election held in an odd-numbered year, a primary election, if required, must be held throughout the state.

(3) The cost of a municipal election must be paid by the municipality.
Mont. Code Ann. § 13-37-120 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-120
13-37-120 Reports
Status: in_force

13-37-120 . Reports. The commissioner shall provide a biennial report to the state administration and veterans' affairs interim committee in accordance with 5-11-210 on matters within the commissioner's jurisdiction and may provide recommendations for further legislation.
Mont. Code Ann. § 13-35-501 — MT Code / Title 13 / Chapter 35 / Part 5 / Section 13-35-501
13-35-501 Short title
Status: in_force

13-35-501 . Short title. This part may be cited as the "Prohibition on Corporate Contributions and Expenditures in Montana Elections Act".
Mont. Code Ann. § 13-16-306 — MT Code / Title 13 / Chapter 16 / Part 3 / Section 13-16-306
13-16-306 Procedure when more than one application for recount
Status: in_force

13-16-306 . Procedure when more than one application for recount. If more than one candidate makes application for a recount, 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.
Mont. Code Ann. § 13-37-220 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-220
13-37-220 Child-care expenses
Status: in_force

13-37-220 . Child-care expenses. (1) While a candidate is engaged in campaign activity, a candidate may use contributions deposited in the candidate's primary campaign depository as provided in 13-37-205 to pay the candidate's reasonable and necessary child-care expenses.

(2) When a candidate expends funds from the candidate's primary campaign depository as provided in 13-37-205 to pay for the candidate's child-care expenses, each expenditure must be reported as provided in Title 13, chapter 37, part 2.

(3) After the candidate's closing campaign report provided for in 13-37-228 is filed, the candidate may not expend surplus campaign funds for the candidate's child-care expenses as provided in 13-37-240 (1).

(4) In-kind child care provided to the candidate while the candidate is engaging in campaign activity by the candidate's family or an individual known to the candidate is not a contribution and is not reportable under this chapter. The commissioner shall broadly construe this provision.
Mont. Code Ann. § 13-27-110 — MT Code / Title 13 / Chapter 27 / Part 1 / Section 13-27-110
13-27-110 Definitions
Status: in_force

13-27-110 . Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Ballot statements" means a statement of purpose and implication and a yes and no statement.

(2) "Constitutional convention initiative" means a statewide initiative to submit to the qualified electors the question of whether there must be an unlimited convention to amend the Montana constitution as authorized in Article XIV, section 2, of the Montana constitution.

(3) "Constitutional convention referendum" means a legislative act submitting the question of whether there must be an unlimited convention to revise, alter, or amend the Montana constitution to the qualified electors that is referred by the legislature as authorized in Article XIV, section 1, of the Montana constitution.

(4) "Constitutional initiative" means a statewide initiative to enact constitutional law as authorized in Article XIV, section 9, of the Montana constitution.

(5) "Constitutional referendum" means a legislative act to enact constitutional law that is referred by the legislature to the qualified electors for approval or rejection as authorized in Article XIV, section 8, of the Montana constitution.

(6) "Enact" means to enact, amend, or repeal.

(7) "Legal sufficiency" or "legally sufficient" means that a petition complies with statutory and constitutional requirements governing submission of the proposed issue to the qualified electors and the substantive legality of the proposed issue if approved by the voters.

(8) "Legislative referendum" means a legislative act to enact statutory law that is referred by the legislature to the qualified electors for approval or rejection as authorized in Article III, section 5, of the Montana constitution.

(9) "Petition" means a petition for a statewide initiative or a statutory referendum prepared pursuant to the requirements of this chapter.

(10) "Statewide ballot issue" means a statewide initiative or a statewide referendum.

(11) "Statewide initiative" means a constitutional initiative, a constitutional convention initiative, or a statutory initiative.

(12) "Statewide referendum" means a constitutional referendum, a constitutional convention referendum, a legislative referendum, or a statutory referendum.

(13) "Statewide referendum referred to a vote of the people by the legislature" means a constitutional referendum, a constitutional convention referendum, or a legislative referendum.

(14) "Statutory initiative" means an initiative to enact statutory law as authorized in Article III, section 4, of the Montana constitution.

(15) "Statutory referendum" means a legislative act to enact statutory law that is referred by petition to the qualified electors for approval or rejection as authorized in Article III, section 5, of the Montana constitution.
Mont. Code Ann. § 13-37-106 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-106
13-37-106 Salary
Status: in_force

13-37-106 . Salary. (1) The commissioner of political practices is entitled to longevity, expense reimbursement, leave, insurance, and other benefits provided to classified state employees under Title 2, chapter 18.

(2) The salary of the commissioner may not be reduced during the term for which the commissioner is appointed.

(3) The department of administration shall determine the appropriate occupation for the commissioner of political practices in the same manner that it determines the occupation for employees in state government pursuant to Title 2, chapter 18.

(4) The governor shall set the salary of the commissioner of political practices within the occupational wage range for the occupation established by the department of administration.

(5) The commissioner of political practices must receive pay adjustments consistent with those required by the legislature for state employees in 2-18-303 and 2-18-304 .
Mont. Code Ann. § 13-16-503 — MT Code / Title 13 / Chapter 16 / Part 5 / Section 13-16-503
13-16-503 Tie vote in election for supreme court justice, district court judge, or state legislator
Status: in_force

13-16-503 . Tie vote in election 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.
Mont. Code Ann. § 13-15-201 — MT Code / Title 13 / Chapter 15 / Part 2 / Section 13-15-201
13-15-201 Preparation for count -- investigation of reconciliation discrepancies -- absentee ballot count procedures
Status: in_force

13-15-201 . Preparation for count -- investigation of reconciliation discrepancies -- absentee ballot count procedures. (1) Subject to 13-10-311 , to prepare for a count of ballots, the counting board or, if appointed, the absentee counting board shall take ballots out of the box to determine whether each ballot is single.

(2) The board shall count all ballots to ensure that the total number of ballots corresponds with the record of ballots accepted.

(3) (a) If the board cannot reconcile the total number of ballots with the record of ballots accepted, the board shall submit to the election administrator a written report stating how many ballots were missing or in excess and any reason of which they are aware for the discrepancy. Each judge on the board shall sign the report.

(b) If the discrepancy is not satisfactorily explained by the report, the election administrator shall conduct an investigation, which may include recounting the total number of ballots and reviewing the record of accepted ballots.

(c) The election administrator shall provide a report of the investigation to the board of county canvassers describing the investigation process and the reason for the discrepancy.

(4) A ballot that is not marked as official is void and may not be counted unless all judges on the board agree that the marking is missing because of an error by election officials, in which case the ballot must be marked "unmarked by error" on the back and must be initialed by all judges.

(5) If two or more ballots are folded or stuck together to look like a single ballot, they must be laid aside until the count is complete. The counting board shall compare the count with the record of accepted ballots, and if a majority believes that the ballots folded together were marked by one elector, the ballots must be rejected and handled as provided in 13-15-108 , otherwise they must be counted.

(6) Only valid absentee ballots may be counted in an election conducted under this chapter.

(7) For the purpose of this chapter, a marked absentee ballot is valid only if:

(a) the elector's signature on the affirmation and the elector's date of birth on the signature envelope is verified pursuant to 13-13-241 ; and

(b) it is received before 8 p.m. on election day, except as provided in 13-21-206 and 13-21-226 .

(8) (a) A ballot is invalid if:

(i) problems with the ballot have not been resolved pursuant to 13-13-245 ;

(ii) any identifying marks are placed on the ballot by the elector, which must result in the immediate rejection of the ballot without notice to the elector; or

(iii) except as provided in subsection (8)(b), more than one ballot is enclosed in a single signature or secrecy envelope.

(b) The provisions of subsection (8)(a)(iii) do not apply if:

(i) there are multiple elections being held at the same time and the envelope contains only one ballot for each election; or

(ii) the signature envelope contains ballots from the same household, each ballot is in its own secrecy envelope, and the signature envelope contains a valid signature for each elector who has returned a ballot.
Mont. Code Ann. § 13-27-221 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-221
13-27-221 Filing limitations -- statewide initiative
Status: in_force

13-27-221 . Filing limitations -- statewide initiative. A statewide initiative filed under the provisions of this chapter may not be filed if it is substantially the same as a measure defeated by the voters in an election within the preceding 4 years.
Mont. Code Ann. § 13-3-104 — MT Code / Title 13 / Chapter 3 / Part 1 / Section 13-3-104
13-3-104 Precincts, wards, and election districts
Status: in_force

13-3-104 . Precincts, wards, and election 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 districts, together with contiguous territory lying outside the municipality or district, if provision can be made for clearly identifying the electors eligible to vote in each ward or district.
Mont. Code Ann. § 13-37-209 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-209
13-37-209 Inspection of records
Status: in_force

13-37-209 . Inspection of records. Accounts kept by the campaign treasurer of a candidate or political committee may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by the campaign treasurer of any opposing candidate or political committee in the same electoral district. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction. The campaign treasurers of political committees supporting a candidate may be joined with the campaign treasurer of the candidate as respondents in such a proceeding.
Mont. Code Ann. § 13-10-502 — MT Code / Title 13 / Chapter 10 / Part 5 / Section 13-10-502
13-10-502 Signature requirements for petition
Status: in_force

13-10-502 . Signature requirements for petition. (1) The petition for nomination must be signed by active electors as defined in 13-1-101 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) (a) For statewide and federal offices, the number of signatures must be 4% or more of the total vote cast for the successful candidate for the same office at the last general election.

(b) For legislative districts and other races not included in subsection (2)(a), the number of signatures must be 4% 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 officer with whom nominations for the office sought are filed shall determine the number of signatures required for a petition of nomination for that office. The number of signatures may not be less than is required in subsection (2).
Mont. Code Ann. § 13-37-122 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-122
13-37-122 Judicial review of orders of noncompliance
Status: in_force

13-37-122 . Judicial review of orders of noncompliance. A candidate or political treasurer who is the subject 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 must be expeditiously reviewed by the appropriate district court.
Mont. Code Ann. § 13-1-503 — MT Code / Title 13 / Chapter 1 / Part 5 / Section 13-1-503
13-1-503 Deadlines for absentee and mail ballots
Status: in_force

13-1-503 . Deadlines for absentee and mail ballots. (1) Pursuant to 13-13-205 , ballots for a special purpose district election must be available for absentee voting at least 20 days before election day if the election is not conducted by mail.

(2) Pursuant to 13-19-207 , ballots must be mailed no sooner than the 20th day and no later than the 15th day before election day if the election is conducted by mail.
Mont. Code Ann. § 13-3-205 — MT Code / Title 13 / Chapter 3 / Part 2 / Section 13-3-205
13-3-205 Adoption of standards for polling place accessibility -- rulemaking authority
Status: in_force

13-3-205 . Adoption of standards for polling place accessibility -- rulemaking authority. (1) The secretary of state, with advice from election administrators and individuals with disabilities, shall establish standards for accessibility of polling places.

(2) Standards for polling places approved pursuant to subsection (1) on or after October 1, 2005, must comply with the accessibility standards in the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq.

(3) The secretary of state:

(a) may adopt rules to implement the provisions of this part; and

(b) shall adopt rules to implement the exemption provisions of 13-3-212 .
Mont. Code Ann. § 13-10-302 — MT Code / Title 13 / Chapter 10 / Part 3 / Section 13-10-302
13-10-302 Write-in votes for previously nominated candidates
Status: in_force

13-10-302 . Write-in votes for previously nominated candidates. (1) Subject to subsection (2), if an elector casts a write-in vote for a candidate on a primary party ballot when the candidate's name also appears or is written in for the same office on another party's ballot, the write-in vote counts only with respect to the party on whose ballot the write-in vote was cast and the write-in votes, if on multiple parties' ballots, and the votes cast for the candidate on the other party's ballots may not be added together.

(2) A write-in vote must be counted as provided in 13-15-206 (5).
Mont. Code Ann. § 13-36-202 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-202
13-36-202 Reception of illegal votes -- allegations and evidence
Status: in_force

13-36-202 . Reception of illegal votes -- allegations and evidence. When the reception of illegal votes is alleged as a cause of contest, it is 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 that, if taken from the candidate, will reduce the number of the candidate's legal votes below the number of legal votes given to some other candidate for the same office. Testimony may not be received of any illegal votes unless the party contesting the election delivers to the opposite party, at least 3 days before trial, a written list of the number of illegal votes and by whom given that the party intends to prove at trial. This provision may not prevent the contestant from offering evidence of illegal votes not included in the statement if the contestant did not know and by reasonable diligence was unable to learn of the additional illegal votes and by whom they were given before delivering the written list.
Mont. Code Ann. § 13-37-107 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-107
13-37-107 Commissioner of political practices -- qualifications
Status: in_force

13-37-107 . Commissioner of political practices -- qualifications. The individual appointed to serve as commissioner:

(1) must be a citizen of the United States and a resident of Montana as provided in 13-1-112 ;

(2) on the date of appointment, must be registered to vote in Montana;

(3) in the 2 years immediately preceding the date of the appointment, may not have:

(a) served as a fundraiser for a candidate for public office;

(b) served as an officer in a political party or for a political committee; or

(c) participated in the management or conduct of a campaign by a candidate for public office;

(4) must possess the following knowledge, skills, and abilities:

(a) a confirmable track record of highly ethical professional behavior;

(b) the demonstrable ability to be firm, fair, and unbiased in carrying out professional responsibilities;

(c) the ability to communicate effectively orally and in writing;

(d) the ability to interpret statutes, legal opinions, and regulations;

(e) the ability to supervise, organize, and motivate employees; and

(f) knowledge of the standards of evidence and due process rights that are applicable to judicial and quasi-judicial proceedings.
Mont. Code Ann. § 13-37-233 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-233
13-37-233 Reports to be filed regardless of tax status
Status: in_force

13-37-233 . Reports to be filed regardless of tax status. (1) A person that makes an election communication, an electioneering communication, or an independent expenditure shall file reports required by this chapter regardless of the person's tax status under state or federal law.

(2) This section does not apply to the exemptions granted to a religious organization under the definitions of a contribution, election communication, electioneering communication, and expenditure as provided in 13-1-101 .
Mont. Code Ann. § 13-22-108 — MT Code / Title 13 / Chapter 22 / Part 1 / Section 13-22-108
13-22-108 Reports
Status: in_force

13-22-108 . Reports. (1) The secretary of state shall provide, upon request, a report to the state administration and veterans' affairs interim committee in accordance with 5-11-210 outlining the program's effectiveness in achieving its objectives.

(2) Participating schools and agencies shall provide to the secretary of state information regarding the youth voting program for the secretary of state's report.
Mont. Code Ann. § 13-27-301 — MT Code / Title 13 / Chapter 27 / Part 3 / Section 13-27-301
13-27-301 Submission of petition sheets -- withdrawal of signatures
Status: in_force

13-27-301 . Submission of petition sheets -- withdrawal of signatures. (1) Signed sheets or sections of petitions with original signatures must 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 4 weeks before the final date for filing the petition with the secretary of state.

(2) If it is impractical to submit signed sheets or sections of petitions with original signatures by the deadline provided in subsection (1), a copy or facsimile may be submitted to the proper county official by the deadline. Signed sheets or sections of petitions with original signatures must be submitted within 7 calendar days after the deadline. Failure to submit signed sheets or sections of petitions with original signatures within 7 calendar days will invalidate the signed sheets or sections submitted by copy or facsimile.

(3) Signatures may be withdrawn from a petition up to the time of final submission of petition sheets as provided in subsection (1). The secretary of state shall prescribe the form to be used by an elector desiring to have the elector's signature withdrawn from a petition.
Mont. Code Ann. § 13-10-602 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-602
13-10-602 Use of party name
Status: in_force

13-10-602 . Use of party name. (1) Except as provided in subsection (3), a political party and its regularly nominated candidates, members, and officers have the sole and exclusive right to the use of the party name. A candidate for office may not use any word of the name of any other political party or organization other than that by which the candidate is nominated in a manner that indicates or implies the individual is a candidate of the nonnominating party.

(2) An independent or nonpartisan candidate, except as provided in subsection (3), may not use any word of the name of any existing political party or organization in the candidacy in a manner that indicates or implies that the individual is a candidate of that party or organization.

(3) A candidate for an elective office under an elected county official government provided for in 7-3-111 who is running in an election conducted after electors have approved a change pursuant to 7-3-103 (4) in the type of election held from partisan to nonpartisan may use a party name or symbol in the candidate's campaign material.
Mont. Code Ann. § 13-10-610 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-610
13-10-610 Certification of minor party petition
Status: in_force

13-10-610 . Certification of minor party petition. (1) When a petition containing a sufficient number of verified signatures has been filed and verified with the secretary of state as provided in this part, the secretary of state shall immediately certify that the completed petition qualifies the party to hold a primary election.

(2) If a filed petition does not meet the requirements of this part, the secretary of state shall certify that the political party does not qualify to nominate its candidates for public office by primary election.

(3) If a petition is filed under this part, the secretary of state shall certify the petition under subsection (1) or (2) at least 88 days before the date of the primary.
Mont. Code Ann. § 13-2-221 — MT Code / Title 13 / Chapter 2 / Part 2 / Section 13-2-221
13-2-221 Agency-based registration
Status: in_force

13-2-221 . Agency-based registration. (1) Qualified individuals must be given the opportunity to register to vote when applying for or receiving services or assistance:

(a) at an agency that provides public assistance;

(b) at or through an agency that provides state-funded programs primarily engaged in providing services to persons with disabilities; or

(c) at another agency designated by the secretary of state with the consent of the agency.

(2) Agency-based registration sites must:

(a) distribute application for voter registration forms with each application for services or assistance; and

(b) assist an applicant in completing an application for voter registration form unless the applicant refuses assistance.

(3) The completed application for voter registration form must be transmitted by the agency to the election administrator of the county of the elector's residence within the time period specified by Title 52, chapter 205, U.S.C.

(4) As used in this section, "agency" means a state agency as defined in 2-4-102 (2)(a) or an office of a city, county, consolidated city-county government, or town.
Mont. Code Ann. § 13-3-211 — MT Code / Title 13 / Chapter 3 / Part 2 / Section 13-3-211
13-3-211 Emergency exemption
Status: in_force

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 is considered temporary and is exempt from the survey procedures established under 13-3-206 . However, the polling place may not be used in a subsequent election unless it is surveyed as required in 13-3-206 .
Mont. Code Ann. § 13-17-106 — MT Code / Title 13 / Chapter 17 / Part 1 / Section 13-17-106
13-17-106 General application of election laws
Status: in_force

13-17-106 . General application of election laws. All laws applicable to elections when voting is not done using a voting system and all penalties prescribed for violations of those laws apply to elections and precincts when voting systems are used if those laws are not in conflict with the provisions of this chapter.
Mont. Code Ann. § 13-4-101 — MT Code / Title 13 / Chapter 4 / Part 1 / Section 13-4-101
13-4-101 Appointment of election judges
Status: in_force

13-4-101 . Appointment of election judges. At least 30 days before the primary election in even-numbered years, the county governing body shall appoint three or more election judges for each precinct, one of whom must be designated chief judge.
Mont. Code Ann. § 13-27-217 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-217
13-27-217 Statutory referendum process and procedure
Status: in_force

13-27-217 . Statutory referendum process and procedure. (1) (a) A proponent of a statutory referendum shall submit the text of the proposed statutory referendum to the secretary of state together with draft ballot statements and the filing fee required by 13-27-215 . The secretary of state shall forward a copy of the text of the proposed statutory referendum and ballot statements to the legislative services division for review in accordance with 13-27-225 .

(b) A proposed statutory referendum may not be accepted by the secretary of state until 10 days after the adjournment sine die of the regular legislative session preceding the general election during which the proposal is intended to be voted on. The prohibitions on acceptance of a proposed statutory referendum provided in this subsection (1)(b) do not apply to a submission received on or after the date that falls 130 days after the date that the legislature convened in regular session pursuant to 5-2-103 , even if the legislature has not adjourned sine die. If the secretary of state rejects a proposed statutory referendum pursuant to this subsection (1)(b), the secretary of state shall promptly notify the person who submitted the proposal of the reason for the rejection.

(2) Within 7 days after receiving the proposed statutory referendum from the secretary of state, the legislative services division shall respond in writing to the proponent in accordance with 13-27-225 .

(3) After the proponent responds to the legislative services division as provided in 13-27-225 , the proponent shall submit the final text of the proposed statutory referendum and ballot statements to the secretary of state. However, if a response to the legislative services division is not required by the proponent pursuant to 13-27-225 , the proponent shall instead submit the final text of the proposed statutory referendum and ballot statements to the secretary of state after the proponent receives the legislative services division's response.

(4) On receipt of the final text of the proposed statutory referendum and the ballot statements, the secretary of state shall reject the proposed statutory referendum if the text or a ballot statement contains material not submitted to the legislative services division that is a substantive change not recommended by the legislative services division. Otherwise, the secretary of state shall refer a copy of the proposed statutory referendum and ballot statements concurrently to the budget director and the attorney general.

(5) (a) The budget director shall determine whether a fiscal note is necessary, prepare the fiscal note, notify the attorney general of the necessity of its determination, and provide a copy of the fiscal note, if required, pursuant to 13-27-227 within the timeframe required in subsection (5)(b). Receipt of the notice from the budget director begins the time frame in subsection (6) for the attorney general's review in accordance with 13-27-226 .

(b) If the legislative act that is the subject of the proposed statutory referendum had a fiscal note prepared pursuant to 5-4-202 during the legislative session in which the bill was proposed, the budget director shall return the fiscal note to the attorney general within 3 days. If the legislative act that is the subject of the proposed statutory referendum did not have a fiscal note prepared pursuant to 5-4-202 during the legislative session in which the bill was proposed, the budget director shall return the fiscal note to the attorney general within 6 days.

(6) If the budget director is allowed 3 days to return the fiscal note pursuant to subsection (5), the attorney general shall complete the requirements set forth in 13-27-226 within 14 days of the receipt of the proposed statutory referendum from the secretary of state. However, if the budget director is allowed 6 days to return the fiscal note pursuant to subsection (5), the attorney general shall complete the requirements set forth in 13-27-226 within 17 days of the receipt of the proposed statutory referendum from the secretary of state.

(7) The secretary of state shall review the legal sufficiency opinion received pursuant to 13-27-226 . If the attorney general:

(a) finds that the proposed statutory referendum is not legally sufficient, the secretary of state shall, without undue delay, send written notice to the person who submitted the proposal that the proposed statutory referendum has been rejected. The notice must include a copy of the attorney general's legal sufficiency opinion.

(b) finds that the proposed statutory referendum is legally sufficient, the secretary of state shall immediately send a sample petition form as provided in 13-27-233 to the person submitting the proposed statutory referendum.
Mont. Code Ann. § 13-37-219 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-219
13-37-219 Limitations on contributions to candidate when office sought is not known
Status: in_force

13-37-219 . Limitations on contributions to candidate when office sought is not known. A candidate, as defined in 13-1-101 (10)(b), who has not determined the office to which the individual will seek nomination or election is subject to the lowest contribution limitation of the offices the candidate is considering seeking.
Mont. Code Ann. § 13-35-705 — MT Code / Title 13 / Chapter 35 / Part 7 / Section 13-35-705
13-35-705 Penalty
Status: in_force

13-35-705 . Penalty. A violation of a provision of this part is punishable by a fine of $500 for each ballot unlawfully collected.
Mont. Code Ann. § 13-1-303 — MT Code / Title 13 / Chapter 1 / Part 3 / Section 13-1-303
13-1-303 Disposition of ballots and other election materials
Status: in_force

13-1-303 . Disposition of ballots and other election materials. (1) (a) Except for a federal election and as provided in 13-15-301 (2), the voted ballots, detached stubs, unvoted ballots, and unused ballots from an election must be kept in the unopened packages received from the election judges for a period of 12 months. The packages may be opened only when an order for opening is given by the proper official either for a recount procedure or to process provisional ballots.

(b) The voted ballots, detached stubs, unvoted ballots, and unused ballots from a federal election must be retained in the unopened packages received from the election judges for a period of 22 months. The packages may be opened only as provided in subsection (1)(a) or for a postelection random-sample audit of vote-counting machines.

(c) An election administrator may dispose of the ballots as provided in subsection (2) if after the time periods provided for in this subsection (1), there is no:

(i) contest begun;

(ii) recount pending; or

(iii) appeal of a decision relating to a contest, a recount, or a postelection random-sample audit.

(2) Each election administrator shall prepare a plan for retention and destruction of election records in the county according to the retention schedules established by the local government records committee provided for in 2-6-1201 .
Mont. Code Ann. § 13-35-206 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-206
13-35-206 Injury to election equipment, materials, and records
Status: in_force

13-35-206 . Injury to election equipment, materials, and records. A person is guilty of criminal mischief or tampering with public records and information, 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 instructions for the voters; or

(b) removes or destroys any of the supplies or other conveniences placed in the voting station for the purpose of enabling a voter to prepare the voter's 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, ballot boxes, or other equipment 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;

(7) tampers with, disarranges, defaces, injures, or impairs a voting system with the intent to alter the outcome of an election;

(8) mutilates, injures, or destroys a ballot or appliance used in connection with a voting system; or

(9) fraudulently defaces or destroys a declaration or certificate of nomination.
Mont. Code Ann. § 13-13-121 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-121
13-13-121 Additional poll watchers
Status: in_force

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 administrator to allow additional poll watchers at any precinct or any place of deposit designated under 13-19-307 for a mail ballot election. The election administrator shall grant such requests if the number of poll watchers at the polling place or place of deposit will not interfere with the election procedures.
Mont. Code Ann. § 13-15-204 — MT Code / Title 13 / Chapter 15 / Part 2 / Section 13-15-204
13-15-204 Signing and certifying pollbook
Status: in_force

13-15-204 . Signing and certifying pollbook. Immediately after the votes are counted and the ballots sealed, the pollbook must be signed and certified to by the election judges in a form prescribed by the secretary of state.
Mont. Code Ann. § 13-16-507 — MT Code / Title 13 / Chapter 16 / Part 5 / Section 13-16-507
13-16-507 Tie vote in election for officers of nonspecified political subdivision
Status: in_force

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 jurisdiction shall appoint one of the candidates who tied to fill the office as in other cases of vacancy.
Mont. Code Ann. § 13-27-308 — MT Code / Title 13 / Chapter 27 / Part 3 / Section 13-27-308
13-27-308 Certification of petition to governor
Status: in_force

13-27-308 . Certification of petition to governor. When a petition containing a sufficient number of verified signatures has been filed with the secretary of state within the time required by the constitution or by law, the secretary of state shall immediately certify to the governor that the completed petition qualifies for the ballot.
Mont. Code Ann. § 13-19-203 — MT Code / Title 13 / Chapter 19 / Part 2 / Section 13-19-203
13-19-203 Initiation by election administrator
Status: in_force

13-19-203 . Initiation by election administrator. (1) Even if a request has not been received from the governing body concerned, the election administrator may conduct any election authorized by 13-19-104 under this chapter if the election administrator determines that a mail ballot election is the most economically and administratively feasible way of conducting the election in question.

(2) If the election administrator 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 the governing body of the decision to conduct the election by mail ballot, the reasons for the decision, and the right of the governing body to object under 13-19-204 .
Mont. Code Ann. § 13-37-116 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-116
13-37-116 Exercise of powers
Status: in_force

13-37-116 . Exercise of powers. The commissioner may exercise all of the powers conferred upon the commissioner by law in any jurisdiction or political subdivision of the state.
Mont. Code Ann. § 13-37-217 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-217
13-37-217 Contributions in name of undisclosed principal
Status: in_force

13-37-217 . Contributions in name of undisclosed principal. (1) Except as provided in subsection (2), a person may not make a contribution of the person's 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 the money. A person may not knowingly receive a contribution or enter or cause the contribution to be entered in the person's accounts or records in another name than that of the person by whom it was actually furnished.

(2) A joint fundraising committee shall allocate contributions as provided in 13-37-211 to a participant in the name of the original contributor to the joint fundraising committee, and a participant may receive and may enter these contributions into the participant's account. A participant shall account for the original contributors of the gross contributions allocated by the joint fundraising committee in the participant's records.
Mont. Code Ann. § 13-15-208 — MT Code / Title 13 / Chapter 15 / Part 2 / Section 13-15-208
13-15-208 Determining total vote cast for all candidates for an office
Status: in_force

13-15-208 . 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 nominated or elected as shown by the official returns.
Mont. Code Ann. § 13-15-106 — MT Code / Title 13 / Chapter 15 / Part 1 / Section 13-15-106
13-15-106 Counting of absentee ballot for deceased candidate
Status: in_force

13-15-106 . Counting of absentee ballot for deceased candidate. (1) Except as provided in subsection (2) or (3), an absentee ballot voted for a candidate who dies after printing of the ballot but before the election must be counted for the deceased candidate.

(2) A vote for a deceased candidate for governor must be counted as a vote for the lieutenant governor candidate as governor and as a vote for the candidate chosen pursuant to 13-10-328 for lieutenant governor.

(3) A vote for a deceased candidate for lieutenant governor must be counted as a vote for the candidate chosen pursuant to 13-10-328 for lieutenant governor.
Mont. Code Ann. § 13-13-101 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-101
13-13-101 Duties -- proclamation prior to opening and closing polls
Status: in_force

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.
Mont. Code Ann. § 13-15-209 — MT Code / Title 13 / Chapter 15 / Part 2 / Section 13-15-209
13-15-209 Handling voting system error during count
Status: in_force

13-15-209 . Handling voting system error during count. (1) During a count in which votes are being counted by a voting system, if the election administrator or counting board has reason to believe that the voting system is not operating correctly, the count must be halted and the system must be tested in accordance with rules adopted by the secretary of state pursuant to 13-17-211 .

(2) If the test does not show any errors, the count must proceed using the voting system.

(3) If the test shows errors and the errors cannot be corrected or if a majority of the counting board agrees that the system may not be functioning correctly, votes must be counted manually in accordance with 13-15-206 (2).
Mont. Code Ann. § 13-37-231 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-231
13-37-231 Reports to be certified as true, complete, and correct
Status: in_force

13-37-231 . Reports to be certified as true, complete, and correct. (1) A report required by this chapter to be filed by a candidate or political committee must be verified as true, complete, and correct by the oath or affirmation of the individual filing the report. The individual filing the report must 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 must be preserved by the individual filing it for a period coinciding with the term of office for which the person was a candidate or for a period of 4 years, whichever is longer.
Mont. Code Ann. § 13-35-227 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-227
13-35-227 Prohibited contributions from corporations and unions
Status: in_force

13-35-227 . Prohibited contributions from corporations and unions. (1) A corporation or union may not make a contribution to a candidate directly or through an intermediary.

(2) A candidate may not accept or receive a corporate or union contribution described in subsection (1).

(3) A political committee that is not a corporation or union may establish a fund to be used for making political contributions to candidates if the fund consists only of funds solicited from noncorporate and nonunion sources.

(4) A corporation or union may establish a separate, segregated fund to be used for making political contributions to candidates if the fund consists only of voluntary contributions solicited from an individual who is a shareholder, employee, or member of the corporation or union.

(5) A person who violates this section is subject to the civil penalty provisions of 13-37-128 .
Mont. Code Ann. § 13-13-213 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-213
13-13-213 Transmission of application to election administrator -- delivery of ballot
Status: in_force

13-13-213 . Transmission of application to election administrator -- delivery of ballot. (1) All absentee ballot application forms must be addressed to the appropriate county election office.

(2) Except as provided in subsection (4), the elector may mail the signed application directly to the election administrator or deliver the application in person to the election administrator. An agent designated pursuant to 13-1-116 or a third party may collect the elector's application and forward it to the election administrator.

(3) (a) The election administrator shall compare the signature and date of birth on the application with the applicant's signature and date of birth on the registration form or the agent's signature on the agent designation form. If convinced that the individual making the application is the same as the one whose name appears on the registration form or the agent designation form, the election administrator shall deliver the ballot to the elector in person or as otherwise provided in 13-13-214 , subject to 13-13-205 .

(b) If no signature or date of birth are provided or the election administrator is not convinced that the individual signing the application is the same person whose name appears on the registration form or agent designation form, the election administrator shall notify the elector as provided in 13-13-245 .

(4) In lieu of the requirement provided in subsection (2), an elector who requests an absentee ballot pursuant to 13-13-212 (2) may return the application to the absentee election board or an authorized election official. Upon receipt of the application, the absentee election board or authorized election official shall examine the signatures and date of birth on the application and a copy of the voting registration form or agent designation form to be provided by the election administrator. If the absentee election board or an authorized election official believes that the applicant is the same person as the one whose name appears on the registration form or agent designation form, the absentee election board or authorized election official shall provide a ballot to the elector when the ballot is available pursuant to 13-13-205 .
Mont. Code Ann. § 13-2-109 — MT Code / Title 13 / Chapter 2 / Part 1 / Section 13-2-109
13-2-109 Rulemaking on sufficiency and verification of voter registration information
Status: in_force

13-2-109 . Rulemaking on sufficiency and verification of voter registration information. (1) The secretary of state shall adopt rules:

(a) to implement the provisions of 13-2-110 and this section concerning how election administrators determine whether the information provided by an elector on an application for voter registration is:

(i) sufficient to be accepted and processed; or

(ii) insufficient to be accepted and processed;

(b) establishing procedures for verifying the accuracy of voter registration information;

(c) establishing standards for determining whether an elector may be legally registered or provisionally registered and the effect of that registration on identification requirements; and

(d) establishing procedures for notifying electors about the status of their applications and registration.

(2) The rules may not conflict with 42 U.S.C. 15301, et seq., or 13-2-208 .
Mont. Code Ann. § 13-13-205 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-205
13-13-205 When ballots to be available for absentee voting
Status: in_force

13-13-205 . When ballots to be available for absentee voting. (1) Except as provided in subsection (2), the election administrator shall ensure that ballots for a polling place election are available as follows:

(a) for an election conducted on a primary or general election day:

(i) 30 days prior to election day for absentee voting in person;

(ii) 25 days prior to the election for mailing ballots to absentee voters; and

(b) 20 days prior to election day for a special purpose district or school district election, except that ballots for a conservation district election held on a primary or general election day must be available as provided in subsection (1)(a).

(2) A federal election ballot requested by an absent uniformed services or overseas elector pursuant to Title 13, chapter 21, must be sent to the elector as soon as the ballot is printed but not later than 45 days in advance of the election.
Mont. Code Ann. § 13-10-327 — MT Code / Title 13 / Chapter 10 / Part 3 / Section 13-10-327
13-10-327 Vacancy after primary and prior to general election
Status: in_force

13-10-327 . Vacancy after primary and prior to general election. (1) Except as provided in 13-10-328 for a vacancy in the candidacy of either governor or lieutenant governor caused by the death of a candidate, if a party candidate dies or withdraws after the primary and before the general election, or if a candidate is disqualified pursuant to 13-37-126 from having the candidate's name appear on a general election ballot, 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 must be provided in party rules.

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

(2) Except as provided in this section, appointments to fill vacancies must be made no later than 76 days before the election. A candidate may not officially withdraw 85 days or less before a general election. However, if a candidate for partisan office dies less than 85 days before the general election, the affected political party shall appoint a candidate within 5 days after being notified of the vacancy. One of the procedures provided in 13-12-204 must be used to place the name of the appointee on the ballot if necessary.

(3) The appointing committee 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.
Mont. Code Ann. § 13-13-214 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-214
13-13-214 Mailing absentee ballot to elector -- delivery to person other than elector
Status: in_force

13-13-214 . Mailing absentee ballot to elector -- delivery to person other than elector. (1) (a) Except as provided in 13-13-213 and in subsection (1)(c) of this section, the election administrator shall mail, postage prepaid, to each legally registered elector and provisionally registered elector from whom the election administrator has received a valid absentee ballot application under 13-13-211 and 13-13-212 whatever official ballots are necessary in a manner that conforms to postal regulations to require the return rather than forwarding of ballots.

(b) The election administrator shall mail the ballots in a manner that conforms to the deadlines established for ballot availability in 13-13-205 .

(c) The election administrator may deliver a ballot in person to an individual other than the elector if:

(i) the elector has designated the individual, either by a signed letter or by making the designation on the application form in a manner prescribed by the secretary of state or pursuant to 13-1-116 ;

(ii) the individual taking delivery of the ballot on behalf of the elector verifies, by signature, receipt of the ballot;

(iii) the election administrator believes that the individual receiving the ballot is the designated person; and

(iv) the designated person has not previously picked up ballots for four other electors.

(2) The election administrator shall enclose with the ballots:

(a) a secrecy envelope, free of any marks that would identify the voter; and

(b) a signature envelope for the return of the ballot. The signature envelope must be self-addressed by the election administrator and an affirmation in the form prescribed by the secretary of state must be printed on the back of the signature envelope.

(3) The election administrator shall ensure that the ballots provided to an absentee elector are marked as provided in 13-13-116 and shall remove the stubs from the ballots, keeping the stubs in numerical order with the application for absentee ballots, if applicable, or in a precinct envelope or container for that purpose.

(4) Instructions for voting must be enclosed with the ballots. Instructions for primary elections must include disposal instructions for unvoted ballots. The instructions must include information concerning the type or types of writing instruments that may be used to mark the absentee ballot. The instructions must include information regarding use of the secrecy envelope and use of the signature envelope. The election administrator shall include a voter information pamphlet with the instructions if:

(a) a statewide ballot issue appears on the ballot mailed to the elector; and

(b) the elector requests a voter information pamphlet.
Mont. Code Ann. § 13-35-208 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-208
13-35-208 Deception of elector
Status: in_force

13-35-208 . Deception of elector. A person who assists a disabled elector pursuant to 13-1-116 , 13-13-118 , 13-13-119 , or 13-13-229 and who deceives the elector is guilty of a misdemeanor.
Mont. Code Ann. § 13-2-115 — MT Code / Title 13 / Chapter 2 / Part 1 / Section 13-2-115
13-2-115 Certification of statewide voter registration list -- local lists to be prepared
Status: in_force

13-2-115 . Certification of statewide voter registration list -- local lists to be prepared. (1) No later than 5 working days after the deadline prescribed in 13-2-301 (3), election administrators shall enter all voter registration applications that were submitted within the deadline for regular registration into the statewide voter registration system.

(2) The secretary of state shall certify the official statewide voter registration list by utilizing the information in the statewide voter registration system.

(3) Each election administrator shall have printed from the certified statewide voter registration system lists of all registered electors in each precinct in the county. Except as provided in subsections (6) and (7), names of electors must be listed alphabetically, with their residence address or with a mailing address if located where street numbers are not used.

(4) A copy of the list of registered electors in a precinct must be displayed at the precinct's polling place. Extra copies of the lists must be retained by the election administrator and furnished to an elector upon request.

(5) Lists of registered electors need not be printed if the election will not be held.

(6) If a law enforcement officer or reserve officer, as defined in 7-32-201 , requests in writing that, for security reasons, the officer's and the officer's spouse's residential address, if the same as the officer's, not be disclosed, the secretary of state or an election administrator may not include the address on any generally available list of registered electors but may list only the electors' names.

(7) (a) Upon the request of an individual, the secretary of state or an election administrator may not include the individual's residential address on any generally available list of registered electors but may list only the elector's name if the individual:

(i) proves to the election administrator, as provided in subsection (7)(b), that the individual, or a minor in the custody of the individual, has been the victim of partner or family member assault, stalking, custodial interference, or other offense involving bodily harm or threat of bodily harm to the individual or minor; or

(ii) proves to the election administrator, as provided in subsection (7)(c), that a temporary restraining order or injunction has been issued by a judge or magistrate to restrain another person's access to the individual or minor.

(b) Proof of the victimization is conclusive upon exhibition to the election administrator of a criminal judgment, information and judgment, or affidavit of a county attorney clearly indicating the conviction and the identity of the victim.

(c) Proof of the issuance of a temporary restraining order or injunction is conclusive upon exhibition to the election administrator of the temporary restraining order or injunction.
Mont. Code Ann. § 13-1-405 — MT Code / Title 13 / Chapter 1 / Part 4 / Section 13-1-405
13-1-405 Date of local government elections -- call for election
Status: in_force

13-1-405 . Date of local government elections -- call for election. (1) A local government election must be held on the same day as the primary election day established in 13-1-107 or the general election day established in 13-1-104 , except that an election concerning funding may be called as a special election.

(2) A local government election may not be held sooner than 85 days after the date of the order or resolution calling for the election.

(3) Pursuant to 13-19-201 , the governing body authorized by law to call an election shall specify in the order or resolution calling for the election whether the governing body is requesting that the election be conducted by mail.
Mont. Code Ann. § 13-37-108 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-108
13-37-108 Commissioner of political practices -- restrictions
Status: in_force

13-37-108 . Commissioner of political practices -- restrictions. During the commissioner's term of office, the commissioner may not knowingly, as defined in 45-2-101 :

(1) hold another position of public trust or engage in any other occupation or business if the position of public trust or the other occupation or business interferes with or is inconsistent with the commissioner executing the duties of the commissioner's office;

(2) engage in any other occupation or business during the business hours of the commissioner's office unless the commissioner is in a leave status from the office;

(3) participate in any political activity or in a political campaign;

(4) make a contribution to a candidate or political committee or for or against a ballot issue or engage in any activity that is primarily intended to support or oppose a candidate, political committee, or ballot issue;

(5) attend an event that is held for the purpose of raising funds for or against a candidate, political committee, or ballot issue;

(6) participate in a matter pertaining to the commissioner's office that:

(a) is a conflict of interest or results in the appearance of a conflict of interest between public duty and private interest pursuant to Title 2, chapter 2; or

(b) involves a relative of the commissioner.
Mont. Code Ann. § 13-17-211 — MT Code / Title 13 / Chapter 17 / Part 2 / Section 13-17-211
13-17-211 Uniform procedures for using voting systems
Status: in_force

13-17-211 . Uniform procedures for using voting systems. (1) For each voting system approved under 13-17-101 , the secretary of state shall adopt rules specifying the procedures to be uniformly applied in elections conducted with the voting system.

(2) The rules must, at a minimum, specify procedures that address the following:

(a) performance testing and certification under 13-17-212 ;

(b) how electors ensure the proper disposition of a ballot pursuant to 13-13-117 (2);

(c) the procedures to be followed if the comparison under 13-15-206 (2)(b) reveals discrepancies;

(d) how to operate and test the system during counts; and

(e) the security measures necessary to secure the voting system before, during, and after an election.
Mont. Code Ann. § 13-35-603 — MT Code / Title 13 / Chapter 35 / Part 6 / Section 13-35-603
13-35-603 Prohibitions concerning mailings
Status: in_force

13-35-603 . Prohibitions concerning mailings. A third-party registrar may not mail a voter registration or absentee ballot application in the same envelope as campaign literature if the envelope is marked to resemble a mailing from an election office.
Mont. Code Ann. § 13-19-312 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-312
13-19-312 Preparation for count and counting procedure
Status: in_force

13-19-312 . Preparation for count and counting procedure. (1) The preparation for counting ballots must be as provided in 13-15-201 .

(2) Except as provided in subsection (3), after the close of voting on election day, the counting board appointed pursuant to 13-15-112 shall:

(a) open the official ballot boxes;

(b) if the process authorized under 13-13-241 (8) was not used, open each secrecy envelope, removing the voted ballot; and

(c) proceed to count the votes as provided in Title 13, chapter 15.

(3) The election administrator may begin the procedures described in subsection (2) no sooner than 1 day before election day if the election administrator complies with the procedures described in 13-15-207 (3).
Mont. Code Ann. § 13-19-202 — MT Code / Title 13 / Chapter 19 / Part 2 / Section 13-19-202
13-19-202 Initiation by governing body
Status: in_force

13-19-202 . Initiation 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 discretion 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 .
Mont. Code Ann. § 13-38-202 — MT Code / Title 13 / Chapter 38 / Part 2 / Section 13-38-202
13-38-202 Committee representatives as party representatives -- county and city central committees
Status: in_force

13-38-202 . Committee representatives as party representatives -- county and city central committees. (1) Each committee representative shall represent the representative's political party for the precinct in all ward or subdivision committees formed.

(2) The committee representatives in each precinct constitute the county central committee of the respective political parties.

(3) Committee representatives 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 vacancies in the city central committee.

(4) Each precinct committee representative serves a term of 2 years from the date of election or appointment pursuant to 13-38-201 . Once the term has expired, the position becomes vacant.

(5) Vacancies in the office of precinct committee representative occur only on the death or written resignation of the incumbent or when the incumbent is no longer a resident or registered voter of the precinct. A precinct committee representative may not otherwise be removed from office. If a vacancy occurs, the remaining members of the county central committee may select a precinct resident to fill the vacancy.
Mont. Code Ann. § 13-19-102 — MT Code / Title 13 / Chapter 19 / Part 1 / Section 13-19-102
13-19-102 Definitions
Status: in_force

13-19-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Ballot" means the ballot or set of ballots that is to be returned by a specified election day.

(2) "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.

(3) "Political subdivision" means a political subdivision of the state, including a school district.

(4) "Secrecy envelope" means an envelope used to contain the elector's ballot and that is designed to conceal the elector's ballot and to prevent that elector's ballot from being distinguished from the ballots of other electors.
Mont. Code Ann. § 13-37-601 — MT Code / Title 13 / Chapter 37 / Part 6 / Section 13-37-601
13-37-601 Definitions
Status: in_force

13-37-601 . Definitions. For the purposes of this part, the following definitions apply:

(1) (a) "Contribution" means:

(i) the receipt by a reporting entity of an advance, gift, loan, conveyance, deposit, payment, or distribution of money to support or oppose an effort to qualify a minor party for primary elections using a minor party petition;

(ii) an expenditure that is made in coordination with a minor party qualification committee formed by the minor party that is reportable by the minor party qualification committee as a contribution;

(iii) the receipt of funds transferred from another reporting entity for use to support or oppose an effort to qualify a minor party for primary elections using a minor party petition; or

(iv) the payment by a person other than a reporting entity of compensation for the personal services of another person that are rendered to the reporting entity to support or oppose an effort to qualify a minor party for primary elections using a minor party petition.

(b) The term does not mean services provided without compensation by individuals volunteering a portion or all of their time on behalf of the reporting entity.

(2) (a) "Expenditure" means a purchase, payment, distribution, loan, advance, promise, pledge, or gift of money made by a reporting entity to support or oppose an effort to qualify a minor party for primary elections using a minor party petition.

(b) The term does not mean:

(i) services, food, or lodging provided in a manner that they are not contributions under subsection (1);

(ii) the cost of any bona fide news story, commentary, blog, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication of general circulation; or

(iii) the cost of any communication by a membership organization or corporation to its members or stockholders or employees.

(3) "Minor party" means a political party that does not qualify to hold a primary election under 13-10-601 (1).

(4) "Minor party petition" means a petition described by 13-10-606 .

(5) "Minor party qualification committee" means a combination of two or more individuals or a person other than an individual organized to support or oppose an effort to qualify a minor political party for primary elections using a minor party petition.

(6) (a) "Reporting entity" means the following entities that receive at least $500 in aggregate contributions in a calendar year or make at least $500 in aggregate expenditures in a calendar year:

(i) except as provided by subsection (6)(b), an individual; or

(ii) a minor party qualification committee.

(b) The term does not mean an individual if the individual's contributions and expenditures are otherwise reportable by a minor party qualification committee. This exception includes but is not limited to an individual who is a signature gatherer if the signature gathering company, partnership, or other business organization that directly hires, supervises, and pays the individual is otherwise required to report as a minor party qualification committee under this part.

(7) "Support or oppose" means referring to or depicting a minor party in a manner that is susceptible of no reasonable interpretation other than to advocate for or against a minor party's qualification to hold a primary election.
Mont. Code Ann. § 13-15-506 — MT Code / Title 13 / Chapter 15 / Part 5 / Section 13-15-506
13-15-506 Report of the canvass
Status: in_force

13-15-506 . Report of the canvass. (1) The secretary of the board shall prepare and file in the official records of the secretary of state's office a report of the canvass that lists:

(a) the total number of electors voting in each county and in each legislative 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 must be entered in the report but must be identified as write-in votes.
Mont. Code Ann. § 13-10-611 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-611
13-10-611 Retention of copies by county official
Status: in_force

13-10-611 . Retention of copies by county official. The county official certifying the sheets or sections of a petition shall keep a copy of the sheets or sections certified in the official files of the official's office. The copies may be destroyed 3 months after the date the petition was certified unless a court action is pending on the sufficiency of the petition. If a court action is brought within 3 months after the date the petition is certified, the county official may destroy the files only after final disposition of the court action.
Mont. Code Ann. § 13-15-111 — MT Code / Title 13 / Chapter 15 / Part 1 / Section 13-15-111
13-15-111 Write-in elections -- general election
Status: in_force

13-15-111 . Write-in elections -- general election. (1) An individual elected by having the individual's name written in at the general election and receiving the largest number of votes counted as provided in 13-15-206 (5) shall:

(a) file with the secretary of state or election administrator, not later than 10 days after the official canvass, a written declaration indicating the individual's acceptance of the position for which elected;

(b) comply with the provisions of 13-37-225 ; and

(c) pay the required filing fee or, if indigent, comply with 13-10-203 .

(2) If an individual fails to comply with the requirements in subsection (1), the individual may not assume the position for which elected.
Mont. Code Ann. § 13-35-238 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-238
13-35-238 Donations -- prohibition -- penalty
Status: in_force

13-35-238 . Donations -- prohibition -- penalty. (1) Except as provided in subsections (2) through (4), the state, the secretary of state, a county, a municipality, or the officers or employees of those entities may not accept, use, or dispose of a donation in the form of money, grants, property, or personal services from an individual or a corporation, whether operating for-profit or nonprofit, for the purpose of funding the functions or responsibilities of the county or municipality to conduct an election pursuant to the provisions of Title 13. All costs and expenses relating to conducting elections must be paid for with public funds.

(2) This section may not be construed to apply to the donation or use of a location for voting purposes, services that are provided at no cost to the state, the secretary of state, a county, a municipality, or the officers or employees of those entities, or goods that have a nominal value of less than $100.

(3) This section may not be construed to prevent tribal nations from providing donated space to be used as a polling location or for the same purposes as the main election office.

(4) This section may not be construed to prevent tribal nations from using their own funds, funds from other tribal nations, or funds from public entities such as the state or federal government for election purposes.

(5) This section may not be construed to prevent a nonprofit organization or a corporation from spending its own money to its own initiatives related to an election.

(6) A person who purposefully or knowingly violates this section is guilty of a felony and shall be punished by imprisonment for not less than 1 year or more than 10 years or by a fine of not more than $50,000, or both.
Mont. Code Ann. § 13-2-122 — MT Code / Title 13 / Chapter 2 / Part 1 / Section 13-2-122
13-2-122 Charges for registers, elector lists, and mailing labels made available to public
Status: in_force

13-2-122 . Charges for registers, elector lists, and mailing labels made available to public. (1) Except as provided in subsection (2), upon request, the secretary of state shall furnish to any individual, for noncommercial use, available extracts and reports from the statewide voter registration system. Upon request, a local election administrator shall furnish to an individual, for noncommercial use, a copy of the official precinct registers, a current list of legally registered electors, mailing labels for registered electors, or other available extracts and reports. Upon delivery, the secretary of state or the local election administrator may collect a charge not to exceed the actual cost of the register, list, mailing labels, or available extracts and reports.

(2) For an elector whose address information is protected from general distribution under 13-2-115 (6) or (7), the secretary of state or a local election administrator may not include the elector's residential address on any register, list, mailing labels, or available extracts and reports but may list only the elector's name.
Mont. Code Ann. § 13-35-103 — MT Code / Title 13 / Chapter 35 / Part 1 / Section 13-35-103
13-35-103 Violations as misdemeanor
Status: in_force

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.
Mont. Code Ann. § 13-35-803 — MT Code / Title 13 / Chapter 35 / Part 8 / Section 13-35-803
13-35-803 Injunctive and civil relief
Status: in_force

13-35-803 . Injunctive and civil relief. (1) In addition to any other penalties or remedies provided by law, a candidate or political party representing the candidate aggrieved by a violation of 13-35-802 may maintain an action against any violator in any court of equitable jurisdiction to prevent, restrain, or enjoin the violation.

(2) An action commenced pursuant to subsection (1) must be expedited by the district court and given preference over all other matters currently before the district court upon showing of present or ongoing harm.

(3) If a violation of 13-35-802 is established, the court shall enjoin and restrain to otherwise prohibit the violation and, in addition, shall assess in favor of the plaintiff and against the defendant the costs of the suit and reasonable attorney fees.

(4) In the action, it is not necessary that actual damages to the plaintiff be alleged or proved, but when alleged and proved, the plaintiff in the action, in addition to injunctive relief and fees and costs of suit, is entitled to recover from the defendant the amount of actual damages sustained by the plaintiff and up to $10,000 in punitive damages.

(5) In any civil action alleging a violation of 13-35-802 , the plaintiff bears the burden of establishing the violation by clear and convincing evidence.
Mont. Code Ann. § 13-26-105 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-105
13-26-105 Ballot form
Status: in_force

13-26-105 . Ballot form. The official ballot form shall be prescribed by the secretary of state.
Mont. Code Ann. § 13-37-126 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-126
13-37-126 Names not to appear on ballot -- statewide initiative not to appear on ballot
Status: in_force

13-37-126 . Names not to appear on ballot -- statewide initiative not to appear on ballot. (1) The name of a candidate may not appear on the official ballot for an election if the candidate or a treasurer for a candidate fails to file any statement or report as required by 2-2-106 or this chapter.

(2) A vacancy on an official ballot under subsection (1) may be filled in the manner provided by law, but not by the same candidate.

(3) A statewide initiative may not appear on the official ballot for an election if the treasurer for the primary ballot committee supporting the statewide initiative fails to file any report as required by this chapter.

(4) A vacancy on an official ballot under subsection (3) may not be filled.

(5) (a) In carrying out the mandate of this section, the commissioner shall, by a written statement, notify the secretary of state and the election administrator conducting an election when a candidate or a candidate's treasurer has not complied with 2-2-106 or when a candidate or candidate's treasurer or the treasurer for the primary ballot committee supporting a statewide initiative has not complied with the provisions of this chapter and that the candidate's name or the statewide initiative may not appear on the official ballot.

(b) Except as provided in subsection (5)(c), the commissioner shall provide the notification:

(i) 2 calendar days before the certification deadline provided in 13-10-208 for statewide primary elections and 20-20-401 for school district elections; and

(ii) 7 days before the certification deadline provided in 13-12-201 for general elections.

(c) (i) For a municipal primary election, the commissioner shall provide the notification no later than 5 days after the candidate filing deadline.

(ii) For a municipal general election, the commissioner shall provide the notification no later than September 24 or, if September 24 falls on a Saturday or Sunday, no later than the preceding Friday.
Mont. Code Ann. § 13-10-208 — MT Code / Title 13 / Chapter 10 / Part 2 / Section 13-10-208
13-10-208 Certification of candidate names and ballot issues for ballot -- preparing ballot
Status: in_force

13-10-208 . Certification of candidate names and ballot issues for ballot -- preparing ballot. (1) Ten days after the close of candidate filing under 13-10-201 (7) for a primary election, the secretary of state shall certify to the election administrators the names and designations of candidates who have filed with the secretary of state, subject to 13-37-126 , and any ballot issues as shown in the official records of the secretary of state's office in the manner provided in 13-10-209 and Title 13, chapter 12, part 2.

(2) On receiving the secretary of state's certification pursuant to subsection (1), the county election administrator shall certify the names and designations of all candidates whose names are entitled to appear on the ballot, subject to 13-37-126 , and any ballot issues as shown in the official record of the county election administrator's office and shall have the official ballots prepared in the manner provided in 13-10-209 and Title 13, chapter 12, part 2.

(3) If a candidate for the legislature is no longer eligible under Article V, section 4, of the Montana constitution to seek the office for which the candidate has filed because the candidate has changed residence, the secretary of state shall notify the candidate that the candidate is required to withdraw as provided in 13-10-325 .
Mont. Code Ann. § 13-37-101 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-101
13-37-101 Definitions
Status: in_force

13-37-101 . Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Commissioner" means the commissioner of political practices created by 13-37-102 .

(2) "Public office" has the meaning provided in 13-1-101 .

(3) "Recusal" means disqualification from a matter by reason of prejudice or conflict of interest.

(4) "Relative" means a family member who is within the second degree of consanguinity or affinity to the commissioner.
Mont. Code Ann. § 13-16-420 — MT Code / Title 13 / Chapter 16 / Part 4 / Section 13-16-420
13-16-420 Misplaced or missing ballots
Status: in_force

13-16-420 . Misplaced or missing ballots. If during a recount the appropriate county or school recount board discovers that ballots are misplaced or missing, it may petition the election administrator to inspect all sealed paper ballots within the county precincts or school district polling places to find the misplaced or missing ballots. Upon receiving the petition, the election administrator shall inspect the sealed ballots to find the misplaced or missing ballots. Upon completion of the recount, the misplaced or missing ballots must be placed with the proper precinct or school district polling place ballots and sealed with them.
Mont. Code Ann. § 13-13-211 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-211
13-13-211 Time period for application
Status: in_force

13-13-211 . Time period for application. (1) Except as provided in 13-13-222 , 13-21-223 , and subsection (2) of this section, an application for an absentee ballot must be made before noon on the day before the election.

(2) A qualified elector who is prevented from voting at the polls as a result of illness or health emergency occurring between 5 p.m. of the Friday preceding the election and before the close of polls on election day may request to vote by absentee ballot as provided in 13-13-212 (2).

(3) An absentee ballot cast pursuant to subsection (2) must be received prior to 8 p.m. on election day pursuant to 13-13-201 .
Mont. Code Ann. § 13-35-704 — MT Code / Title 13 / Chapter 35 / Part 7 / Section 13-35-704
13-35-704 Record of delivery
Status: in_force

13-35-704 . Record of delivery. An individual permitted to collect and convey a ballot under 13-35-703 (2)(c) through (2)(f) shall sign a registry when delivering the ballot to the polling place, a place of deposit, or the election administrator's office. In addition to the signature requirement, the individual collecting and conveying the ballot shall provide the following information:

(1) the individual's name, address, and phone number;

(2) the voter's name and address; and

(3) the individual's relationship to the voter required to collect and convey a ballot pursuant to 13-35-703 (2)(c) through (2)(f).
Mont. Code Ann. § 13-38-203 — MT Code / Title 13 / Chapter 38 / Part 2 / Section 13-38-203
13-38-203 Powers and duties of county and city central committees -- role of state central committee where no county central committee exists
Status: in_force

13-38-203 . Powers and duties of county and city central committees -- role of state central committee where no county central committee 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 county members of the state central committee, one of each gender, elect the members of the congressional committee, and fill all vacancies and make rules in their jurisdiction.

(2) If there is no county central committee, the state central committee shall appoint a county central committee.

(3) Meetings of a central committee that is filling an election vacancy pursuant to 13-10-326 or 13-10-327 must be open to the public. Records of a central committee regarding filling a vacancy pursuant to 13-10-326 or 13-10-327 must be made available for public inspection on request.

(4) County and city central committees are not public agencies of the state. The documents of the county and city central committees are not public records.
Mont. Code Ann. § 13-27-233 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-233
13-27-233 Provision of finalized petition for signature
Status: in_force

13-27-233 . Provision of finalized petition for signature. (1) When the requirements of 13-27-216 , 13-27-217 , 13-27-218, or 13-27-219 are complete and the proposed statewide ballot issue has been found legally sufficient pursuant to 13-27-226 , the secretary of state shall immediately send to the person submitting the proposed statewide ballot issue a sample petition form, including the text of the proposed statewide ballot issue, the statement of purpose and implication, and the yes and no statement, as prepared by the petitioner, reviewed by the legislative services division, and approved by the attorney general and in the form provided by this part.

(2) A signature gatherer may circulate the petition only in the form of the sample prepared by the secretary of state.

(3) The secretary of state shall immediately provide a copy of the sample petition form to any interested parties who have made a request to be informed of an approved petition.
Mont. Code Ann. § 13-13-601 — MT Code / Title 13 / Chapter 13 / Part 6 / Section 13-13-601
13-13-601 Provisional voting in person
Status: in_force

13-13-601 . Provisional voting in person. (1) Before being given a ballot, an elector casting a provisional ballot:

(a) must be given information, in a form prescribed by the secretary of state, explaining how to vote provisionally, what information must be provided by the elector to verify the elector's eligibility, and how to determine whether the elector's provisional ballot is or is not counted and, if not, the reasons why;

(b) shall sign an affirmation in a form prescribed by the secretary of state swearing that, to the best of the elector's knowledge, the elector is eligible to vote in the election and precinct and is aware of the penalty for false swearing; and

(c) shall cast and return the provisional ballot to an election judge, who shall place the ballot into an envelope prescribed by the secretary of state for provisional ballots.

(2) A provisional ballot must be handled as provided in 13-15-107 .

(3) An elector making a false affirmation under this section is subject to the penalty for false swearing provided in 45-7-202 .
Mont. Code Ann. § 13-37-112 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-112
13-37-112 Personnel and budget
Status: in_force

13-37-112 . Personnel and budget. (1) The commissioner shall select an appropriate staff to enforce the provisions of chapter 35 of this title and this chapter, and may hire and fire all personnel under the commissioner's supervision.

(2) The commissioner is responsible for preparing, administering, and allocating the budget for the office.
Mont. Code Ann. § 13-27-243 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-243
13-27-243 Circulation of petitions -- limitation
Status: in_force

13-27-243 . Circulation of petitions -- limitation. Petitions may not be circulated for the purpose of signature gathering more than 1 year prior to the final date for filing the signed petition with the county election administrator.
Mont. Code Ann. § 13-36-103 — MT Code / Title 13 / Chapter 36 / Part 1 / Section 13-36-103
13-36-103 Court having jurisdiction of proceedings
Status: in_force

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 the person's 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 district court of the county in which the certificate, declaration, or acceptance of the person's nomination as a candidate for the office to which the person is declared nominated or elected is filed or in which the incumbent resides.