Mont. Code Ann. § 13-35-504 — MT Code / Title 13 / Chapter 35 / Part 5 / Section 13-35-504
13-35-504 Promotion of policy by elected or appointed officials
Status: in_force

13-35-504 . Promotion of policy by elected or appointed officials. (1) Montana's congressional delegation is charged with proposing a joint resolution offering an amendment to the United States constitution that accomplishes the following:

(a) overturns the U.S. Supreme Court's ruling in Citizens United v. Federal Election Commission;

(b) establishes that corporations are not human beings with constitutional rights;

(c) establishes that campaign contributions or expenditures by corporations, whether to candidates or ballot issues, may be prohibited by a political body at any level of government; and

(d) accomplishes the goals of Montanans in achieving a level playing field in election spending.

(2) Montana's congressional delegation is charged to work diligently to bring such a joint resolution to a vote and passage, including use of discharge petitions, cloture, and every other procedural method to secure a vote and passage.

(3) The members of the Montana legislature, if given the opportunity, are charged with ratifying any amendment to the United States constitution that is consistent with the policy of the state of Montana.
Mont. Code Ann. § 13-1-501 — MT Code / Title 13 / Chapter 1 / Part 5 / Section 13-1-501
13-1-501 Purpose -- definition
Status: in_force

13-1-501 . Purpose -- definition. (1) The purpose of this part is to consolidate, simplify, and standardize, to the extent feasible, dates and deadlines for special purpose district elections and to provide more consistency for election administrators and voters.

(2) Nothing in this part may be interpreted to require the secretary of state to oversee special purpose district elections.

(3) For the purposes of this part, "local government" has the meaning provided in 13-1-402 .
Mont. Code Ann. § 13-1-304 — MT Code / Title 13 / Chapter 1 / Part 3 / Section 13-1-304
13-1-304 Duties of officials when election not held
Status: in_force

13-1-304 . Duties of officials when election not held. If a scheduled election is not necessary or is canceled for any reason specified in law, the governing body or official making the determination shall immediately notify the election administrator in writing. If the election is not necessary because of the number of candidates filed, the election administrator shall make the determination and notify the proper governing body.
Mont. Code Ann. § 13-38-205 — MT Code / Title 13 / Chapter 38 / Part 2 / Section 13-38-205
13-38-205 Organization and operation of county and city central committees
Status: in_force

13-38-205 . Organization and operation of county and city central committees. (1) The county central committee shall meet prior to the state convention of its political party and organize by electing a presiding officer and one or more vice presiding officers. The gender of the presiding officer and the vice presiding officer may not be the same. The county central committee shall elect a secretary and other officers as necessary. It is not necessary for the officers to be precinct committee representatives.

(2) The committee may select managing or executive committees and authorize subcommittees to exercise all powers conferred upon the county, city, state, and congressional central committees by the election laws of this state.

(3) The presiding officer of the county central committee shall call the county convention and not less than 4 days before the date of the county convention shall publish the call in a newspaper published at the county seat and mail or e-mail a copy of the call to each precinct committee representative. If party rules permit the use of a proxy, a proxy may not be recognized unless it is held by an elector of the precinct of the committee representative executing it.

(4) The county presiding officer of the party shall preside at the county convention. No person other than a duly elected or appointed committee representative or officer of the committee is entitled to participate in the proceedings of the committee.

(5) If a committee representative is absent, the convention may fill the vacancy by appointing some qualified elector of the party, resident in the precinct, to represent the precinct in the convention.

(6) The county convention shall elect delegates and alternate delegates to the state convention under rules of the state party. The presiding officer and secretary of the county convention shall issue and sign certificates of election of the delegates.
Mont. Code Ann. § 13-19-304 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-304
13-19-304 Voting by nonregistered electors
Status: in_force

13-19-304 . Voting by nonregistered electors. (1) For any election being conducted under this chapter by a political subdivision that allows individuals to vote who are not registered electors, the individual may vote by appearing in person at the election administrator's office or by providing materials by mail, facsimile, or electronic means and demonstrating that the individual possesses the qualifications required for voting.

(2) An individual complying with subsection (1) before official ballots are available may provide a form to the election administrator containing the signature of the individual or the individual's agent designated pursuant to 13-1-116 and the address to which the ballot is to be mailed. The signature and date of birth provided must be used for verification when the mail ballot is returned.

(3) An individual complying with subsection (1) after official ballots are available and before 8 p.m. on election day must be permitted to vote at that time.
Mont. Code Ann. § 13-27-238 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-238
13-27-238 Petition for statutory initiative
Status: in_force

13-27-238 . Petition for statutory initiative. (1) The following, including the language provided for in subsection (2)(b), is substantially the form for a petition calling for a vote to enact a statutory initiative:

PETITION TO PLACE INITIATIVE NO.____ ON THE ELECTION BALLOT

(a) If 5% of the voters in each of one-third of the legislative representative districts (totaling 34 legislative representative districts) sign this petition and the total number of voters signing this petition is _____, this initiative will appear on the next general election ballot. If a majority of voters vote for this initiative at that election, it will become law.

(b) We, the undersigned Montana voters, propose that the secretary of state place the following initiative on the _____________, 20__, general election ballot:

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

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

(c) Voters are urged to read the complete text of the initiative, which appears (on the reverse side of, attached to, etc., as applicable) this sheet. A signature on this petition is only to put the initiative on the ballot and does not necessarily mean the signer agrees with the initiative.

(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, 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) (a) If the attorney general determines the proposed ballot issue will likely cause significant material harm to one or more business interests in Montana pursuant to 13-27-216 (6) the statement in subsection (2)(b) must appear on the front page of the petition form before the information set forth in subsection (1).

(b)

WARNING

The Attorney General of Montana has determined the proposed ballot issue will likely cause significant material harm to one or more business interests in Montana.

(3) Numbered lines must follow the heading. Each numbered line must contain spaces for the signature, date, residence address, county of residence, 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. § 13-12-207 — MT Code / Title 13 / Chapter 12 / Part 2 / Section 13-12-207
13-12-207 Order of placement
Status: in_force

13-12-207 . Order of placement. (1) The order on the ballot for state and federal offices must be as follows:

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

(b) United States senator;

(c) United States representative;

(d) governor and lieutenant governor;

(e) secretary of state;

(f) attorney general;

(g) state auditor;

(h) state superintendent of public instruction;

(i) public service commissioners;

(j) clerk of the supreme court;

(k) chief justice of the supreme court;

(l) justices of the supreme court;

(m) district court judges;

(n) state senators;

(o) members of the Montana house of representatives.

(2) The following order of placement must be observed for county offices:

(a) clerk of the district court;

(b) county commissioner;

(c) county clerk and recorder;

(d) sheriff;

(e) coroner;

(f) county attorney;

(g) county superintendent of schools;

(h) county auditor;

(i) public administrator;

(j) county assessor;

(k) county treasurer;

(l) surveyor;

(m) justice of the peace.

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

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

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

(6) If there is a short-term and a long-term election for the same office, the long-term office must precede the short-term.
Mont. Code Ann. § 13-27-305 — MT Code / Title 13 / Chapter 27 / Part 3 / Section 13-27-305
13-27-305 Retention of copies by county official
Status: in_force

13-27-305 . Retention of copies by county official. The county official certifying the sheets or sections of a petition shall keep a copy of the sheets or sections certified in the official files of the official's office. The copies may be destroyed 3 months after the date of the election specified in the petition unless a court action is pending on the sufficiency of the petition.
Mont. Code Ann. § 13-16-415 — MT Code / Title 13 / Chapter 16 / Part 4 / Section 13-16-415
13-16-415 Recount totals
Status: in_force

13-16-415 . Recount totals. After a recount is completed, tally sheets must be compared and the correctness of all reports of votes cast must be ascertained. The totals for each candidate or on each issue must be compiled and checked for accuracy.
Mont. Code Ann. § 13-17-201 — MT Code / Title 13 / Chapter 17 / Part 2 / Section 13-17-201
13-17-201 Election administrator to instruct election judges
Status: in_force

13-17-201 . Election administrator to instruct election judges. (1) Before each election in which a voting system is used, the election administrator shall instruct all election judges in the use of the system as provided in 13-4-203 .

(2) A chief election judge may not serve in a precinct where a voting system is used unless the judge has received the required instruction, is fully qualified to perform duties in connection with the system, and has received a certificate to that effect from the election administrator.
Mont. Code Ann. § 13-2-222 — MT Code / Title 13 / Chapter 2 / Part 2 / Section 13-2-222
13-2-222 Reactivation of elector
Status: in_force

13-2-222 . Reactivation of elector. (1) The name of an elector must be moved by an election administrator from the inactive list to the active list of a county if an elector meets the requirements for registration provided in this chapter and:

(a) appears at a polling place in order to vote, submits an application to vote by absentee ballot in a polling place election or mail ballot election, or votes in a mail ballot election conducted under Title 13, chapter 19;

(b) notifies the county election administrator in writing of the elector's current residence, which must be in that county; or

(c) completes a reactivation form provided by the county election administrator that provides current address information in that county.

(2) The name of an elector may not be moved from the inactive list to the active list of a county by the elector signing a petition for a statewide ballot issue.

(3) After an elector has complied with subsection (1)(a), (1)(b), or (1)(c), the county election administrator shall place the elector's name on the active voting list for that county.

(4) An elector reactivated pursuant to subsection (1)(a) is a legally registered elector for purposes of the election in which the elector voted.
Mont. Code Ann. § 13-37-605 — MT Code / Title 13 / Chapter 37 / Part 6 / Section 13-37-605
13-37-605 Content of reports
Status: in_force

13-37-605 . Content of reports. (1) The periodic reports required by 13-37-603 must contain information concerning contributions received or expenditures made by or on behalf of the reporting entity. The reports must contain the following information:

(a) for contributions received:

(i) the amount of cash on hand at the beginning of the reporting period;

(ii) the full name, mailing address, occupation, and employer, if any, of each person who has made aggregate contributions of $35 or more;

(iii) for each person identified under subsection (1)(a)(ii), the aggregate amount of contributions made by that person within the reporting period and the total amount of contributions made by that person for all reporting periods;

(iv) the total sum of individual contributions made by the reporting entity and not reported under subsections (1)(a)(ii) and (1)(a)(iii);

(v) the name and address of each person from which the reporting entity received any transfer of funds for the purpose of supporting or opposing an effort to qualify a minor party for primary elections using a minor party petition, together with the amount and dates of all transfers;

(vi) each loan of funds designated for use or used to support or oppose an effort to qualify a minor party for primary elections using a minor party petition from any person during the reporting period, together with the full names, mailing addresses, occupations, and employers, if any, of the lender and endorsers, if any, and the date and amount of each loan;

(vii) the amount and nature of debts and obligations owed to a reporting entity relating to the reporting entity's effort to qualify a minor party for primary elections using a minor party petition, in the form prescribed by the commissioner;

(viii) an itemized account of proceeds that total less than $35 from a person from mass collections made at fundraising events;

(ix) each contribution not otherwise listed under subsections (1)(a)(ii) through (1)(a)(viii) during the reporting period;

(x) the total sum of all contributions received by or for the reporting entity during the reporting period; and

(xi) other information that may be required by the commissioner to fully disclose the sources of funds used to support or oppose an effort to qualify a minor party for primary elections using a minor party petition;

(b) for expenditures made:

(i) the full name, mailing address, occupation, and principal place of business, if any, of each person to whom expenditures have been made by the reporting entity during the reporting period, including the amount, date, and purpose of each expenditure and the total amount of expenditures made to each person;

(ii) the full name, mailing address, occupation, and principal place of business, if any, of each person to whom an expenditure for personal services, salaries, and reimbursed expenses has been made, including the amount, date, and purpose of that expenditure and the total amount of expenditures made to each person;

(iii) the total sum of expenditures made by the reporting entity during the reporting period;

(iv) the name and address of each person to which the reporting entity made any transfer of funds to support or oppose an effort to qualify a minor party for primary elections using a minor party petition, together with the amount and dates of all transfers;

(v) the name of any person to whom a loan was made during the reporting period using funds designated for the purpose of supporting or opposing an effort to qualify a minor party for primary elections using a minor party petition, including the full name, mailing address, occupation, and principal place of business, if any, of that person and the full names, mailing addresses, occupations, and principal places of business, if any, of the endorsers, if any, and the date and amount of each loan;

(vi) the amount and nature of debts and obligations owed by the reporting entity relating to the reporting entity's effort to qualify a minor party for primary elections using a minor party petition in a form prescribed by the commissioner; and

(vii) other information that may be required by the commissioner to fully disclose the disposition of funds used to support or oppose an effort to qualify a minor party for primary elections using a minor party petition.

(2) Reports of expenditures made to a consultant or other person that performs services for or on behalf of a reporting entity must be itemized and described in sufficient detail to disclose the specific services performed by the entity to which payment or reimbursement was made.

(3) Reports required by 13-37-603 must be verified as true, complete, and correct by the oath or affirmation of the individual filing the report.
Mont. Code Ann. § 13-12-214 — MT Code / Title 13 / Chapter 12 / Part 2 / Section 13-12-214
13-12-214 Sample ballots
Status: in_force

13-12-214 . Sample ballots. The election administrator may have sample ballots printed in a number sufficient to answer requests from the political parties, schools, and electors. Sample ballots must be duplicates of the official ballots but must be clearly distinguishable from official ballots and may not have perforated stubs or be numbered.
Mont. Code Ann. § 13-35-401 — MT Code / Title 13 / Chapter 35 / Part 4 / Section 13-35-401
13-35-401 Short title
Status: in_force

13-35-401 . Short title. This part may be referred to as the "Clean Campaign Act".
Mont. Code Ann. § 13-27-610 — MT Code / Title 13 / Chapter 27 / Part 6 / Section 13-27-610
13-27-610 False entries -- signing twice -- penalties
Status: in_force

13-27-610 . False entries -- signing twice -- penalties. A person who knowingly makes a false entry upon a petition or affidavit required by this chapter or who knowingly signs a petition to place the same issue on the ballot at the same election more than once is guilty of unsworn falsification or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-203 or 45-7-208 , as applicable.
Mont. Code Ann. § 13-37-502 — MT Code / Title 13 / Chapter 37 / Part 5 / Section 13-37-502
13-37-502 Prohibition on foreign national interference in election
Status: in_force

13-37-502 . Prohibition on foreign national interference in election. (1) It is unlawful for a foreign national, directly or through an intermediary, to make a disbursement for an electioneering communication, a contribution, or an expenditure, or to make an express or implied promise to make a contribution or an expenditure, in connection with any candidate election.

(2) It is unlawful for a person to:

(a) solicit, accept, or receive a contribution, expenditure, or disbursement described in subsection (1) from a foreign national; or

(b) make a contribution, expenditure, or independent expenditure using any funds the person knows were received from a foreign national for any purpose described in this section.

(3) To the extent that a potential violation of this section also violates 52 U.S.C. 30121 or 11 CFR 110.20, investigation and enforcement of the matter must be referred to the federal election commission. The commissioner or a county attorney may not bring an enforcement action regarding the portion of the matter that also violates 52 U.S.C. 30121 or 11 CFR 110.20.
Mont. Code Ann. § 13-13-117 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-117
13-13-117 Method of voting
Status: in_force

13-13-117 . Method of voting. (1) (a) After marking the precinct register pursuant to 13-13-115 and receiving a ballot, an elector shall immediately retire to a voting station and prepare the elector's ballot in the manner prescribed in the instructions provided pursuant to 13-13-112 .

(b) An elector who spoils the elector's ballot must be provided with another ballot in place of the spoiled ballot.

(2) (a) After the elector has completed voting, the elector shall ensure the proper disposition of the elector's ballot in accordance with instructions provided pursuant to 13-13-112 .

(b) An election judge or voting system shall place the ballot in the ballot box immediately without allowing anyone to examine the ballot. Nothing other than a ballot may be put in a ballot box.
Mont. Code Ann. § 13-27-219 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-219
13-27-219 Constitutional convention initiative process and procedure
Status: in_force

13-27-219 . Constitutional convention initiative process and procedure. (1) A proponent of a constitutional convention initiative shall submit the text of the proposed constitutional convention initiative to the secretary of state together with draft ballot statements and the filing fee required by 13-27-215 . The secretary of state shall, without undue delay, forward a copy of the text of the proposed constitutional convention initiative and ballot statements to the legislative services division for review in accordance with 13-27-225 .

(2) Within 14 days after receiving the proposed constitutional convention initiative 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 constitutional convention initiative 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 constitutional convention initiative 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 constitutional convention initiative and the ballot statements, the secretary of state shall reject the proposed constitutional convention initiative 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, without undue delay, refer a copy of the proposed constitutional convention initiative and ballot statements concurrently to the budget director and to the attorney general.

(5) The budget director shall determine whether a fiscal note is necessary, prepare the fiscal note, notify the attorney general of the necessity of the fiscal note, and provide a copy of the fiscal note pursuant to 13-27-227 within 10 days. Receipt of the notice from the budget director begins the time frame in subsection (6) and the attorney general's review in accordance with 13-27-226 .

(6) Within 30 days of receipt of the fiscal note determination from the budget director, the attorney general shall complete the requirements set forth in 13-27-226 .

(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 constitutional convention initiative 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 constitutional convention initiative has been rejected. The notice must include a copy of the attorney general's legal sufficiency opinion.

(b) finds that the proposed constitutional convention initiative is legally sufficient, the secretary of state shall, without undue delay, provide the executive director of the legislative services division a copy of the final text of the proposed constitutional convention initiative and ballot statements in accordance with 13-27-228 . After the executive director of the legislative services division provides the secretary of state the outcome of the vote as required by 13-27-228 , the secretary of state shall immediately send a sample petition form as provided in 13-27-233 to the person submitting the proposed constitutional convention initiative.
Mont. Code Ann. § 13-13-201 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-201
13-13-201 Voting by absentee ballot -- procedures
Status: in_force

13-13-201 . Voting by absentee ballot -- procedures. (1) A legally registered elector or provisionally registered elector is entitled to vote by absentee ballot as provided for in this part.

(2) The elector may vote absentee by:

(a) marking the ballot in the manner specified;

(b) placing the marked ballot in the secrecy envelope, free of any identifying marks;

(c) placing the secrecy envelope containing one ballot for each election being held in the signature envelope;

(d) executing the affirmation printed on the signature envelope;

(e) providing the elector's date of birth on the signature envelope; and

(f) returning the signature envelope with all appropriate enclosures by regular mail, postage paid, or by delivering it to:

(i) the election office;

(ii) a polling place within the elector's county;

(iii) pursuant to 13-13-229 , the absentee election board or an authorized election official; or

(iv) in a mail ballot election held pursuant to Title 13, chapter 19, a designated place of deposit within the elector's county.

(3) Except as provided in 13-21-206 and 13-21-226 , in order for the ballot to be counted, each elector shall return it in a manner that ensures the ballot is received prior to 8 p.m. on election day.

(4) A provisionally registered elector may also enclose in the outer signature envelope a copy of the elector's photo identification showing the elector's name. The photo identification may be but is not limited to a valid driver's license, a school district or postsecondary education photo identification, or a tribal photo identification. If the provisionally registered elector does not enclose a photo identification, the elector may enclose 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.
Mont. Code Ann. § 13-35-205 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-205
13-35-205 Tampering with election records and information
Status: in_force

13-35-205 . Tampering with election records and information. A person is guilty of tampering with public records or information and is punishable as provided in 45-7-208 whenever the person:

(1) suppresses any declaration or certificate of nomination that has been filed;

(2) purposely causes a vote to be incorrectly recorded as to the candidate or ballot issue voted on;

(3) in an election return, knowingly adds to or subtracts from the votes actually cast at the election;

(4) changes any ballot after it has been completed by the elector;

(5) adds a ballot to those legally polled at an election, either before or after the ballots have been counted, with the purpose of changing the result of the election;

(6) causes a name to be placed on the registry lists other than in the manner provided by this title;

(7) changes a poll list or checklist;

(8) installs a modem or other unauthorized external communication device in a voting system; or

(9) employs a modem or other unauthorized external communication device to transmit data to or from a voting system.
Mont. Code Ann. § 13-16-305 — MT Code / Title 13 / Chapter 16 / Part 3 / Section 13-16-305
13-16-305 Limitation of recount to certain counties or precincts
Status: in_force

13-16-305 . Limitation of recount to certain counties or precincts. (1) If the application asks for a recount in more than one county or precinct but there are not sufficient grounds for a recount in all counties or precincts, the court shall order a recount in only the counties or precincts for which sufficient grounds are stated and shown.

(2) The county recount board shall recount votes only in those counties or precincts and for those offices or ballot issues specified in the court order.
Mont. Code Ann. § 13-19-207 — MT Code / Title 13 / Chapter 19 / Part 2 / Section 13-19-207
13-19-207 When materials to be mailed
Status: in_force

13-19-207 . When materials to be mailed. (1) Except as provided in 13-13-205 (2) and subsection (2) of this section, for any election conducted by mail, ballots must be mailed no sooner than the 20th day and no later than the 15th day before election day.

(2) All ballots mailed to electors on the active list and the provisionally registered list must be mailed the same day.

(3) (a) At any time before noon on the day before election day, a ballot may be mailed or, on request, provided in person at the election administrator's office to an elector on the inactive list after the elector reactivates the elector's registration as provided in 13-2-222 .

(b) An elector on the inactive list shall vote at the election administrator's office on election day if the elector reactivates the elector's registration after noon on the day before election day.

(4) An elector who registers pursuant to 13-2-304 must receive the ballot at the election administrator's office.
Mont. Code Ann. § 13-37-204 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-204
13-37-204 Removal of campaign and deputy campaign treasurers
Status: in_force

13-37-204 . Removal of campaign and deputy campaign treasurers. A candidate, political committee, or joint fundraising committee may remove the candidate's or committee's campaign or deputy campaign treasurer. The removal of any treasurer or deputy treasurer must immediately be reported to the officer with whom the name of the campaign treasurer was originally filed. In case of death, resignation, or removal of the candidate's or committee's campaign treasurer before compliance with any obligation of a campaign treasurer under this chapter, the candidate, political committee, or joint fundraising committee shall appoint a successor and certify the name and address of the successor as specified in 13-37-201 .
Mont. Code Ann. § 13-37-128 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-128
13-37-128 Cause of action created
Status: in_force

13-37-128 . Cause of action created. (1) A person who intentionally or negligently violates any of the reporting provisions of this chapter, a provision of 13-35-225 , or a provision of Title 13, chapter 35, part 4, is liable in a civil action brought by the commissioner or a county attorney pursuant to the provisions outlined in 13-37-124 and 13-37-125 for an amount up to $500 or three times the amount of the unlawful contributions or expenditures, whichever is greater.

(2) A person who makes or receives a contribution or expenditure in violation of 13-35-227 , 13-35-228 , or this chapter or who violates 13-35-226 is liable in a civil action brought by the commissioner or a county attorney pursuant to the provisions outlined in 13-37-124 and 13-37-125 for an amount up to $500 or three times the amount of the unlawful contribution or expenditure, whichever is greater.

(3) A person who violates the provisions of 13-37-502 is liable in a civil action brought by the commissioner or a county attorney pursuant to the provisions outlined in 13-37-124 and 13-37-125 for an amount up to $500 or three times the amount of the unlawful disbursement, contribution, expenditure, or promise, whichever is greater.
Mont. Code Ann. § 13-12-212 — MT Code / Title 13 / Chapter 12 / Part 2 / Section 13-12-212
13-12-212 Election administrator to provide official ballots -- other ballots prohibited
Status: in_force

13-12-212 . Election administrator to provide official ballots -- other ballots prohibited. Each election administrator shall provide the official ballots for every election conducted by the election administrator. A ballot other than an official ballot may not be cast or counted in any election.
Mont. Code Ann. § 13-10-606 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-606
13-10-606 Submission and form of minor party petition
Status: in_force

13-10-606 . Submission and form of minor party petition. (1) (a) Any elector may present a petition to the secretary of state to request that a political party that does not qualify to hold a primary election under 13-10-601 (1) may qualify to nominate its candidates by primary election.

(b) The petition must be in the form prescribed by the secretary of state.

(2) The petition must be signed by a number of registered voters equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election or 5,000 electors, whichever is less. The number must include the registered voters in at least one-third of the legislative districts equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election in those districts or 150 electors in those districts, whichever is less.

(3) Signed sheets or sections of petitions with original signatures and the affidavits of circulation as provided in 13-10-607 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 as provided in 13-10-609 (2).

(4) (a) An elector may withdraw the elector's signature from a petition under this part until the final submission of petition sheets as provided in subsection (3).

(b) The county election administrator may consider an elector's request for an elector's name to be withdrawn only after verification that the elector requesting to be withdrawn from the petition is the same elector who signed the petition.
Mont. Code Ann. § 13-37-115 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-115
13-37-115 Orders of noncompliance
Status: in_force

13-37-115 . Orders of noncompliance. The commissioner may issue orders of noncompliance as prescribed by 13-37-121 .
Mont. Code Ann. § 13-36-207 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-207
13-36-207 Hearing of contest
Status: in_force

13-36-207 . Hearing of contest. The petitioner (contestant) and the contestee may appear and produce evidence at the hearing, but no person other than the petitioner and contestee may be made a party to the proceedings on the petition and no person other than the parties and their attorneys may be heard except by order of the court. If more than one petition is pending or the election of more than one person is contested, the court may in its discretion order the cases to be heard together and may apportion the costs, disbursements, and attorney fees between the parties and shall finally determine all questions of law and fact, except that the judge may impanel a jury to decide on questions of fact. In the case of nominations or elections other than for federal congressional offices, the court shall immediately certify its decision to the governing body or official issuing certificates of nomination or election and the governing body or official shall issue certificates of nomination or election to the person or persons entitled to the certificates by the court's decision. If judgment of ouster against a defendant is rendered, the nomination or office must be declared vacant by the judgment, except as provided in 13-36-212 , and must be filled by a new election or by appointment as may be provided by law regarding vacancies in the nomination or office.
Mont. Code Ann. § 13-15-102 — MT Code / Title 13 / Chapter 15 / Part 1 / Section 13-15-102
13-15-102 Defect in form of returns to be disregarded
Status: in_force

13-15-102 . Defect in form of returns to be disregarded. No declaration of an election result, commission, or certificate shall be withheld because of a defect or informality in the returns of any election if it can be determined with reasonable certainty the office intended and the person elected.
Mont. Code Ann. § 13-12-102 — MT Code / Title 13 / Chapter 12 / Part 1 / Section 13-12-102
13-12-102 Items to be furnished by election administrators
Status: reserved

13-12-102 . Items to be furnished by election administrators. The election administrators shall deliver to each polling place or to the chief election judge for a polling place all supplies necessary to conduct the election at that polling place. If the blank ballots for the polling place are delivered before noon of the day before the election, the election administrator shall retain sufficient ballots to supply electors requesting absentee ballots. The election administrator shall write in the pollbook for that polling place, after the numbers of the ballots retained, "reserved for absentee ballots".
Mont. Code Ann. § 13-17-506 — MT Code / Title 13 / Chapter 17 / Part 5 / Section 13-17-506
13-17-506 Conduct of random-sample audit
Status: in_force

13-17-506 . Conduct of random-sample audit. (1) The random-sample audit must be completed at least 1 day before the official canvass by the county board of canvassers.

(2) The county audit committee shall manually count the votes for the random-sample audit as follows:

(a) One member shall read the ballot while the remaining members shall each record on an official tally sheet the number of valid votes cast for each of the selected offices and the ballot issue.

(b) (i) After the vote is complete, the tally sheets of the members recording the votes must be compared.

(ii) If the tallies match, the county audit committee shall compare the manual count for the selected offices and the ballot issue to the vote-counting machine count for the selected offices and the ballot issue.

(iii) If the tallies do not match, the count must be conducted again as provided in this subsection (2) until the tallies match.

(c) (i) If the manual count and the vote-counting machine totals match, the county audit committee shall certify the results to the county election administrator and the secretary of state.

(ii) If the manual count and the vote-counting machine totals do not match, the county audit committee shall follow the procedures established in 13-17-507 .

(3) The audit process must be public.
Mont. Code Ann. § 13-27-239 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-239
13-27-239 Petitions for statutory initiative -- requirements and limitations
Status: in_force

13-27-239 . Petitions for statutory initiative -- requirements and limitations. (1) In accordance with Article III, section 4, of the Montana constitution, the text of a statutory initiative may not provide for the appropriation of revenue.

(2) For the purposes of this section, "appropriation" means the authority for a governmental entity to expend money from the state treasury for a specific use or purpose.
Mont. Code Ann. § 13-26-106 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-106
13-26-106 Time for convention of delegates
Status: in_force

13-26-106 . Time for convention of delegates. Delegates shall meet at the state capitol on the first Monday in the month following the election at 10 a.m. and constitute a convention to act upon the proposed amendment.
Mont. Code Ann. § 13-35-403 — MT Code / Title 13 / Chapter 35 / Part 4 / Section 13-35-403
13-35-403 Penalties
Status: in_force

13-35-403 . Penalties. A person who violates 13-35-402 is liable in a civil action pursuant to 13-37-128 .
Mont. Code Ann. § 13-15-301 — MT Code / Title 13 / Chapter 15 / Part 3 / Section 13-15-301
13-15-301 Disposition of items by election administrator
Status: in_force

13-15-301 . Disposition of items by election administrator. (1) The election administrator shall file the envelopes or packages containing the precinct registers, pollbooks, tally sheets, certificates of registration, and oaths of election officers. Except as provided in subsection (2), the election administrator shall keep them unopened until the county board of canvassers meets to canvass the returns. The board shall open the envelopes or packages.

(2) The election administrator may open a package containing a precinct register to resolve questions concerning provisional ballots.

(3) Immediately after the returns are canvassed, the election administrator shall file the pollbooks, election records, and papers delivered to the board of canvassers with the unopened packages of ballots and ballot stubs.
Mont. Code Ann. § 13-10-203 — MT Code / Title 13 / Chapter 10 / Part 2 / Section 13-10-203
13-10-203 Indigent candidates
Status: in_force

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

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

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

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

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

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

(d) the signatures have been submitted to the appropriate election administrator at least 1 week prior to the applicable deadline in 13-10-201 (7) and have been certified by the appropriate election administrator by the procedure provided in 13-27-303 and 13-27-304 .
Mont. Code Ann. § 13-1-114 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-114
13-1-114 Computation of elector's age and term of residence
Status: in_force

13-1-114 . Computation of elector's age and term of residence. An elector's age and the term of an elector's residence must be computed by including the day of election.
Mont. Code Ann. § 13-28-202 — MT Code / Title 13 / Chapter 28 / Part 2 / Section 13-28-202
13-28-202 Form of petition
Status: in_force

13-28-202 . Form of petition. (1) A local government petition must be substantially in the form provided by this part. Clerical or technical errors that do not interfere with the ability to judge the sufficiency of signatures on the petition do not render a petition void.

(2) (a) Petition sheets may not exceed 8 1/2 x 14 inches in size. Separate sheets of a petition may be fastened in sections of not more than 25 sheets.

(b) Near the top of each sheet containing signature lines must be printed the number of the ordinance referred or the petition title. If signature lines are printed on both the front and back of a petition sheet, the information required above must appear on both the front and back of the sheet.

(c) The complete text of the issue proposed or referred must be attached to or contained within each signature sheet if sheets are circulated separately. The text of the issue must be in the format prescribed by the governing body pursuant to 7-5-103 (1) and, unless otherwise provided by the governing body of the local government, use the style and language and form guide of the most recent edition of the bill drafting manual furnished by the legislative services division. If sheets are circulated in sections, the complete text of the issue must be attached to each section.

(3) An internet posting of petition language must include a statement that the petition language and format may not be modified. An internet posting must include an affidavit in substantially the same form as provided in 13-28-203 .

(4) Unless otherwise provided by law, the following is substantially the form for a local government petition calling for approval or rejection of an ordinance:

PETITION TO PLACE [ORDINANCE NO.____ OR PROPOSED ORDINANCE NO. ____ ] ON THE ELECTION BALLOT

(a) If [insert appropriate percentage of voters or appropriate number of voters] of [insert appropriate local government unit] voters sign this petition, this proposal will appear on the election ballot of [insert appropriate local government entity] to be conducted on [insert date of election]. If a majority of voters vote for this proposal at that election it will become law.

(b) We, the undersigned [insert appropriate local government entity] voters, propose that the county election administrator place the following proposal on the election ballot:

(Petition title written in conformity with 13-28-201 )

(Yes and no statement written in conformity with 13-28-201 )

(c) Voters are urged to read the complete text of the proposal, which appears (on the reverse side of, attached to, etc., as applicable) this sheet. A signature on this petition is only to put the proposal on the ballot and does not necessarily mean the signer agrees with the proposal.

(d)

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 signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in jail, or both.

(e) 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.

(5) Numbered lines must follow the heading. Each numbered line must contain spaces for the signature, date, residence address, 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. § 13-13-120 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-120
13-13-120 Poll watchers -- announcement of elector's name -- poll watchers authorized at places of deposit in mail ballot elections
Status: in_force

13-13-120 . Poll watchers -- announcement of elector's name -- poll watchers authorized at places of deposit in mail ballot elections. (1) The election judges shall permit one poll watcher from each political party to be stationed close to the poll lists in a location that does not interfere with the election procedures. At the time when each elector signs the elector's name, one of the election judges shall pronounce the name loud enough to be heard by the poll watchers. A poll watcher who does not understand the pronunciation has the right to request that the judge repeat the name. Poll watchers must also be permitted to observe all of the vote counting procedures of the judges after the closing of the polls and all entries of the results of the elections.

(2) A candidate may not serve as a poll watcher at a polling place where electors are voting on ballots with the candidate's name on them.

(3) At least one poll watcher from each political party must be permitted at each place of deposit designated under 13-19-307 for a mail ballot election.
Mont. Code Ann. § 13-37-227 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-227
13-37-227 Comprehensive report when several candidates or issues involved
Status: in_force

13-37-227 . Comprehensive report when several candidates or issues involved. The commissioner shall adopt rules that will permit political committees, including political parties or joint fundraising committees, to file copies of a single comprehensive report when they support or oppose more than one candidate or issue. The commissioner shall adopt rules under which committees filing periodic reports with the federal election commission and committees headquartered outside the state of Montana shall report in accordance with this title.
Mont. Code Ann. § 13-35-601 — MT Code / Title 13 / Chapter 35 / Part 6 / Section 13-35-601
13-35-601 Short title
Status: in_force

13-35-601 . Short title. This part may be cited as the "Montana Third-Party Voter Registration Integrity Act".
Mont. Code Ann. § 13-25-301 — MT Code / Title 13 / Chapter 25 / Part 3 / Section 13-25-301
13-25-301 Short title
Status: in_force

13-25-301 . Short title. This part may be cited as the "Uniform Faithful Presidential Electors Act".
Mont. Code Ann. § 13-1-505 — MT Code / Title 13 / Chapter 1 / Part 5 / Section 13-1-505
13-1-505 Conduct of elections
Status: in_force

13-1-505 . Conduct of elections. (1) A special purpose district election must be conducted by a county election administrator.

(2) If a special purpose district lies in more than one county, the county election administrator in the county with the largest percentage of qualified electors in the district shall conduct the election.

(3) Notice of the election must be provided as required in 13-1-108 .

(4) Subject to 13-19-104 , a special purpose district election may be conducted by mail.

(5) Unless otherwise specified by law, conduct of the election, voter registration, and how votes must be cast, counted, and canvassed for a special purpose election must be conducted in accordance with the applicable provisions of this title.
Mont. Code Ann. § 13-19-309 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-309
13-19-309 Disposition of ballots returned to election administrator's office
Status: in_force

13-19-309 . Disposition of ballots returned to election administrator's office. Ballots returned to the election administrator's office must be handled as provided for absentee ballots in 13-13-241 .
Mont. Code Ann. § 13-19-206 — MT Code / Title 13 / Chapter 19 / Part 2 / Section 13-19-206
13-19-206 Distributing materials to electors -- procedure
Status: in_force

13-19-206 . Distributing materials to electors -- procedure. For each election conducted under this chapter, the election administrator shall:

(1) mail a single packet to every qualified elector of the political subdivision conducting the election;

(2) ensure that each packet contains only one each of the following:

(a) an official ballot for each type of election being held on the specified election day;

(b) a secrecy envelope;

(c) a signature envelope; and

(d) complete written instructions for mail ballot voting procedures;

(3) ensure that each packet is:

(a) addressed to a single individual elector at the most current address available from the official registration records; and

(b) deposited in the United States mail with sufficient postage for it to be delivered to the elector's address; and

(4) mail the packet in a manner that conforms to postal regulations to require the return, not forwarding, of undelivered packets.
Mont. Code Ann. § 13-35-203 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-203
13-35-203 Interference with election officials or election workers
Status: in_force

13-35-203 . Interference with election officials or election workers. A person who, in any manner, interferes with the election officials or election workers holding an election or conducting a canvass so as to prevent, obstruct, impair, or hinder the election or canvass from being fairly held and lawfully conducted is guilty of obstruction of a public servant and is punishable as provided in 45-7-302 .
Mont. Code Ann. § 13-19-302 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-302
13-19-302 Proportional voting
Status: in_force

13-19-302 . Proportional voting. The election administrator shall provide a method for proportional voting in the administrator's written plan for an election conducted under this chapter that requires votes to be cast in proportion to ownership or any factor other than one vote per person.
Mont. Code Ann. § 13-17-507 — MT Code / Title 13 / Chapter 17 / Part 5 / Section 13-17-507
13-17-507 Discrepancies -- substitution of results -- examination of machines
Status: in_force

13-17-507 . Discrepancies -- substitution of results -- examination of machines. (1) If a discrepancy exists between the vote-counting machine totals and the manual count totals, the random-sample audit results must serve as the definitive record for purposes of the canvass.

(2) If the random-sample audit results in a discrepancy of more than 0.5% of total ballots cast or five ballots, whichever is greater, and if the discrepancy is determined to be due to the vote-counting machine and not to administrative or user error:

(a) the vote-counting machine involved in the discrepancy in that county may not be used in another election until it has been examined and tested by a computer software expert in consultation with a voting system vendor and approved by the secretary of state; and

(b) at least three additional precincts within the county must be audited for the office or ballot issue in question. If the county has fewer than three additional precincts, all remaining precincts must be audited.

(3) If the audit of the additional precincts results in a discrepancy for those precincts of more than 0.5% of total ballots cast or five ballots, whichever is greater, and if the discrepancy is determined to be due to the vote-counting machine and not to administrative or user error, the vote-counting machine involved in the discrepancy in that county may not be used in another election until it has been examined and tested by a computer software expert in consultation with a voting system vendor and approved by the secretary of state.

(4) The results of the random-sample audit must be public.
Mont. Code Ann. § 13-35-213 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-213
13-35-213 Preventing public meetings of electors
Status: in_force

13-35-213 . Preventing public meetings of electors. (1) A person who, by threats, intimidations, or violence, willfully hinders or prevents electors from assembling in public meeting for the consideration of public questions is guilty of a misdemeanor.

(2) A person who willfully disturbs or breaks up a public meeting of electors or others, lawfully being held for the purpose of considering public questions, or a public school meeting is guilty of a misdemeanor.
Mont. Code Ann. § 13-3-202 — MT Code / Title 13 / Chapter 3 / Part 2 / Section 13-3-202
13-3-202 Definitions
Status: in_force

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

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

(2) "Inaccessible" means not accessible under standards adopted pursuant to 13-3-205 .

(3) "Rural polling place" means a location that is expected to serve less than 200 registered electors.
Mont. Code Ann. § 13-16-201 — MT Code / Title 13 / Chapter 16 / Part 2 / Section 13-16-201
13-16-201 Conditions under which recount to be conducted
Status: in_force

13-16-201 . Conditions under which recount to be conducted. (1) A recount must be conducted if:

(a) a candidate for a precinct office or for a county, municipal, or district office voted for in only one county, other than a legislator or a judge of the district court, is defeated by a margin not exceeding 1/4 of 1% of the total votes cast or by a margin not exceeding 10 votes, whichever is greater, and the defeated candidate, within 5 days after the official canvass, files with the election administrator a verified petition stating that the candidate believes that a recount will change the result and that a recount of the votes for the office or nomination should be conducted;

(b) a candidate for a congressional office, a state or district office voted on in more than one county, the legislature, or judge of the district court is defeated by a margin not exceeding 1/4 of 1% of the total votes cast for all candidates for the same position and the defeated candidate, within 5 days after the official canvass, files a petition with the secretary of state as set forth in subsection (1)(a). The secretary of state shall immediately notify each election administrator whose county includes any precincts that voted for the office, and a recount must be conducted in those precincts.

(c) a question submitted to the vote of the people of a county, municipality, or district within a county is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the election administrator. This petition must be signed by not less than 10 electors of the jurisdiction and must be filed within 5 days after the official canvass.

(d) a question submitted to the vote of the people of the state is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 100 electors of the state, representing at least five counties of the state, and must be filed within 5 days after the official canvass.

(e) a question submitted to the vote of the people of a multicounty district is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 25 electors of the district, representing at least two counties, and must be filed within 5 days after the official canvass.

(f) a canvassing board requires the election administrator to conduct a recount, as provided in 13-15-403 . The recount must follow the procedure established in part 4 of this chapter.

(2) If the election is a school election, the petition is filed with the school election filing officer.

(3) When a recount is required under subsection (1)(b), (1)(d), or (1)(e), the secretary of state shall immediately notify each election administrator of the filing of the petition, and a recount must be conducted in all precincts in each affected county.
Mont. Code Ann. § 13-25-201 — MT Code / Title 13 / Chapter 25 / Part 2 / Section 13-25-201
13-25-201 Election of United States senators and representatives
Status: in_force

13-25-201 . Election of United States senators and representatives. (1) United States senators and representatives shall be elected at the general election preceding commencement of the term to be filled.

(2) Nominations and elections shall be as provided by law for governor.
Mont. Code Ann. § 13-28-207 — MT Code / Title 13 / Chapter 28 / Part 2 / Section 13-28-207
13-28-207 Delay of effective date of ordinance -- suspension of emergency ordinance
Status: in_force

13-28-207 . Delay of effective date of ordinance -- suspension of emergency ordinance. (1) If an approved petition containing sufficient signatures is filed prior to the ordinance's effective date or within 60 days after the passage of the ordinance, whichever is later, a petition requesting an election on whether to amend or repeal the ordinance delays the ordinance's effective date until the ordinance is ratified by the electors.

(2) If an approved petition containing sufficient signatures is filed within 60 days after the effective date of an emergency ordinance, the emergency ordinance is suspended until it is ratified by the electors.
Mont. Code Ann. § 13-25-101 — MT Code / Title 13 / Chapter 25 / Part 1 / Section 13-25-101
13-25-101 Nomination of electors -- ballot
Status: in_force

13-25-101 . Nomination of electors -- ballot. (1) In the manner and number provided by law, each political party qualified under 13-10-601 shall nominate presidential electors for this state and file with the secretary of state certificates of nomination in a form and by the date prescribed by the secretary of state.

(2) In the event of the death of a candidate for president or vice president after a certificate of nomination has been filed, a new candidate for president or vice president, or both, may be nominated for the affected political party and a new certificate of nomination may be filed with the secretary of state by the date prescribed by the secretary of state.

(3) A candidate for election to the office of president or vice president may withdraw from the election by sending a statement of withdrawal to the secretary of state. The statement of withdrawal:

(a) must contain all information necessary to identify the candidate and the office sought; and

(b) unless filed electronically, must be acknowledged by an officer empowered to acknowledge signatures or by the officer of the office at which the filing is made.

(4) A candidate may not withdraw later than the deadline prescribed by the secretary of state for nomination of presidential electors.

(5) The secretary of state shall certify to the election administrator the names of the candidates for president and vice president of the several political parties, which must be placed on the ballot by one of the methods provided in 13-12-204 .

(6) If the name of a new candidate for president or vice president, or both, is certified to the secretary of state in less than 76 days pursuant to subsection (1), the secretary of state shall immediately certify the new name or names to the election administrators and the new name or names must be placed on the ballot by one of the methods provided in 13-12-204 .

(7) The names of candidates for electors of president and vice president may not appear on the ballot.
Mont. Code Ann. § 13-10-209 — MT Code / Title 13 / Chapter 10 / Part 2 / Section 13-10-209
13-10-209 Arrangement and preparing of primary ballots
Status: in_force

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

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

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

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

(2) Except as provided in subsection (3), an election administrator does not need to prepare a primary ballot for a political party if:

(a) the party does not have candidates for more than half of the offices to appear on the ballot; and

(b) no more than one candidate files for nomination by that party for any of the offices to appear on the ballot.

(3) Subsection (2) does not apply to elections for precinct committee offices. If more than one candidate files for a precinct committee office from a party that will not have a primary ballot prepared, that party shall select the candidate to fill the office.

(4) If, pursuant to subsection (2), in a primary election held in an even-numbered year a primary ballot for a political party is not prepared, the secretary of state shall certify that a primary election is unnecessary for that party and shall instruct the election administrator to certify the names of the candidates for that party for the general election ballot only.

(5) The separate ballots for each party must have the same appearance. Each set of party ballots must bear the same number. If prepared as a separate ballot, the nonpartisan ballot may have a different appearance than the party ballots but must be numbered in the same order as the party ballots.

(6) If a ballot issue is to be voted on at a primary election, it may be placed on the nonpartisan ballot or a separate ballot. A separate ballot may have a different appearance than the other ballots in the election but must be numbered in the same order.

(7) Each elector must receive a set of ballots that includes the party, nonpartisan, and ballot issue choices.
Mont. Code Ann. § 13-1-305 — MT Code / Title 13 / Chapter 1 / Part 3 / Section 13-1-305
13-1-305 School district and political subdivision election cooperation
Status: in_force

13-1-305 . School district and political subdivision election cooperation. Any political subdivision holding a polling place election on the same day as a regular school election shall cooperate with a school district having similar district boundaries to hold the election at the same polling place. The election administrator appointed under the provisions of 13-1-301 shall cooperate with the school district election administrator to share costs, as provided in 13-1-302 .
Mont. Code Ann. § 13-27-311 — MT Code / Title 13 / Chapter 27 / Part 3 / Section 13-27-311
13-27-311 Publication of proposed constitutional initiatives and constitutional referendums
Status: in_force

13-27-311 . Publication of proposed constitutional initiatives and constitutional referendums. (1) If a constitutional initiative is submitted to the people, the secretary of state shall have the proposed constitutional initiative published in full twice each month for 2 months prior to the election at which it is to be voted upon by the people in not less than one newspaper of general circulation in each county.

(2) (a) For a proposed constitutional referendum, the secretary of state may arrange for newspaper publication or radio or television broadcast of the constitutional referendum in each county.

(b) The ballot statements reviewed or prepared by the attorney general for the constitutional referendum, as described in 13-27-220 , are sufficient for the publication allowed by this subsection (2) and should be made at least twice each month for 2 months prior to the election.

(c) The secretary of state shall select the method of notification that the secretary of state believes is best suited to reach the largest number of potential electors.
Mont. Code Ann. § 13-27-303 — MT Code / Title 13 / Chapter 27 / Part 3 / Section 13-27-303
13-27-303 Verification of signatures by county official -- allocating voters following reapportionment -- duplicate signatures
Status: in_force

13-27-303 . Verification of signatures by county official -- allocating voters following reapportionment -- duplicate signatures. (1) Except as required by 13-27-104 , within 4 weeks after receiving the sheets or sections of a petition, the county official shall check the names of all signers to verify they are registered electors of the county. In addition, the official shall randomly select signatures on each sheet or section and compare them with the signatures of the electors as they appear in the registration records of the office. If all the randomly selected signatures appear to be genuine, the number of signatures of registered electors on the sheet or section may be certified to the secretary of state without further comparison of signatures. If any of the randomly selected signatures do not appear to be genuine, all signatures on that sheet or section must be compared with the signatures in the registration records of the office.

(2) For the purpose of allocating the signatures of voters among the several legislative representative districts of the state as required to certify a petition for a statutory referendum or a constitutional convention initiative under the provisions of this chapter following the filing of a districting and apportionment plan under 5-1-111 and before the first gubernatorial election following the filing of the plan, the new districts must be used with the number of signatures needed for each legislative representative district being the total votes cast for governor in the last gubernatorial election divided by the number of legislative representative districts.

(3) Upon discovery of fraudulent signatures or duplicate signatures of an elector on any one issue, the election administrator may submit the name of the elector or the signature gatherer, or both, to the county attorney to be investigated under the provisions of 13-27-610 and 13-35-207 .
Mont. Code Ann. § 13-21-206 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-206
13-21-206 Counting of federal write-in absentee ballots
Status: in_force

13-21-206 . Counting of federal write-in absentee ballots. (1) A federal write-in absentee ballot received by an election administrator may be counted only if:

(a) the elector's voter registration and identification information is sufficient to determine that the elector is eligible to vote in the election;

(b) the election administrator has not received a regular absentee ballot from the elector by 8 p.m. on election day; and

(c) the ballot is sent by 8 p.m. on election day and is received by 3 p.m. on the Monday following the election.

(2) Federal write-in absentee ballots received before the close of the polls on election day may not be counted until the polls have closed.
Mont. Code Ann. § 13-10-505 — MT Code / Title 13 / Chapter 10 / Part 5 / Section 13-10-505
13-10-505 Applicability
Status: in_force

13-10-505 . Applicability. The provisions of 13-10-501 through 13-10-504 shall not be used to fill vacancies or to nominate candidates in nonpartisan elections except for nominations to fill a vacancy as provided in 13-25-205 .
Mont. Code Ann. § 13-25-205 — MT Code / Title 13 / Chapter 25 / Part 2 / Section 13-25-205
13-25-205 Nominations for special election
Status: in_force

13-25-205 . Nominations for special election. (1) When a special election is ordered to fill a vacancy in the office of United States senator or United States representative, each political party shall choose a candidate according to the rules of the party. Nominations by parties must be made no later than 75 days before the date set for the election.

(2) Nominating petitions may be filed by independent candidates for the office up to 5 p.m. of the 75th day before the election.
Mont. Code Ann. § 13-15-507 — MT Code / Title 13 / Chapter 15 / Part 5 / Section 13-15-507
13-15-507 Declaration, proclamation, and certification of results
Status: in_force

13-15-507 . Declaration, proclamation, and certification of results. The board shall declare nominated or elected the individual having the highest number of votes cast for each office, except as provided in 13-10-204 . The board shall proclaim the adoption or rejection of ballot issues. Certified copies of the report required in 13-15-506 , the declaration of nominated or elected individuals, the proclamation of adoption or rejection of ballot issues, and the effective date of adopted ballot issues shall be delivered to the governor.
Mont. Code Ann. § 13-37-241 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-241
13-37-241 Candidate campaign debt
Status: in_force

13-37-241 . Candidate campaign debt. (1) If a candidate has unpaid primary election debt that consists solely of loans from the candidate to the candidate's campaign and if the candidate advances to the general election, the candidate is not required to pay off the primary election debt with primary election funds. Under these circumstances, leftover primary election funds may be used for general election purposes.

(2) Following the general election, the candidate may repay a loan the candidate made to the candidate's campaign with primary or general election funds.
Mont. Code Ann. § 13-27-405 — MT Code / Title 13 / Chapter 27 / Part 4 / Section 13-27-405
13-27-405 Committee expenses
Status: in_force

13-27-405 . Committee expenses. Each committee is entitled to receive funds for the preparation of arguments and expenses of members not to exceed $100 for a three-member committee and $200 for a five-member committee. Itemized claims for actual expenses incurred, approved by a majority of the committee, must be submitted to the secretary of state for payment from funds appropriated for that purpose.
Mont. Code Ann. § 13-26-111 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-111
13-26-111 Federal acts to supersede state provisions concerning amendments
Status: in_force

13-26-111 . Federal acts to supersede state provisions concerning amendments. If congress, by resolution or statute, prescribes how the convention shall be constituted and held, this chapter is inoperative, and the convention shall be constituted and held as congress directs. All state officers are directed to take action to constitute the convention as authorized by congress and act as if acting under state statute.
Mont. Code Ann. § 13-10-328 — MT Code / Title 13 / Chapter 10 / Part 3 / Section 13-10-328
13-10-328 Vacancy in governor or lieutenant governor candidacy
Status: in_force

13-10-328 . Vacancy in governor or lieutenant governor candidacy. (1) Except as provided in this section, death or withdrawal of a candidate for governor or lieutenant governor does not affect the candidacy of the other joint candidate.

(2) If a candidate for the office of governor dies less than 85 days before a general election, the candidate for lieutenant governor must be advanced on the ballot to the candidacy for governor and the candidate for governor shall select an individual to be a candidate for lieutenant governor. If a candidate for the office of lieutenant governor dies less than 85 days before a general election, the candidate for governor shall select an individual to be a candidate for lieutenant governor. The name of a candidate for governor or a candidate for lieutenant governor, or both, designated or selected pursuant to this section, must be certified to the election administrators by the secretary of state, and one of the procedures provided in 13-12-204 must be used to place the name of the new candidate on the ballot.
Mont. Code Ann. § 13-35-107 — MT Code / Title 13 / Chapter 35 / Part 1 / Section 13-35-107
13-35-107 Voiding election
Status: in_force

13-35-107 . Voiding election. (1) (a) If a court finds that the violation of any provision of this title by any person probably affected the outcome of any election, the result of that election may be held void and a special election held at least 85 days after the finding.

(b) If the violation occurred during a primary election, the court may direct the selection of a new candidate according to the provisions of state law relating to the filling of vacancies on the general election ballot. Except as provided in subsection (2), an action to void an election must be commenced within 1 year after the date of the election in question.

(2) An action to void a bond election must be commenced within 60 days after the date of the election in question.
Mont. Code Ann. § 13-36-104 — MT Code / Title 13 / Chapter 36 / Part 1 / Section 13-36-104
13-36-104 Nomination contests
Status: in_force

13-36-104 . Nomination contests. In the case of nomination contests, the judge of the district court shall hear and determine the case and make all necessary orders for the trial of the case and carrying the judgment into effect. The order of the judge must express the will of a majority of the legal voters of the political party, as indicated by their votes, disregarding technicalities or errors in spelling. Each party is entitled to subpoenas. The registrar shall issue a certificate to the person declared nominated by the court. The certificate is conclusive evidence of the right of the person to hold the nomination.
Mont. Code Ann. § 13-13-122 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-122
13-13-122 Preventing obstructions
Status: in_force

13-13-122 . Preventing obstructions. An election officer, sheriff, constable, or other peace officer may clear the passageway, prevent any obstruction, or arrest any individual obstructing the passageway to a polling place.
Mont. Code Ann. § 13-1-113 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-113
13-1-113 Only one residence
Status: in_force

13-1-113 . Only one residence. There may be only one residence for the purposes of this title.
Mont. Code Ann. § 13-35-220 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-220
13-35-220 Bribing members of political gatherings
Status: in_force

13-35-220 . Bribing members of political gatherings. (1) No person may give or offer a bribe to any officer or member of any legislative caucus, political convention, or political gathering of any kind held for the purpose of nominating candidates for offices of honor, trust, or profit in this state, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another. No person who is a member of any of the bodies mentioned in this section may receive or offer to receive any such bribe.

(2) A violation of this section is punishable as provided in 45-7-101 (3).
Mont. Code Ann. § 13-27-236 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-236
13-27-236 Form of petition generally
Status: in_force

13-27-236 . Form of petition generally. (1) A petition must be substantially in the form provided by this chapter. Clerical or technical errors that do not interfere with the ability to judge the sufficiency of signatures on the petition do not render a petition void.

(2) Petition sheets may not exceed 8 1/2 x 14 inches in size. Separate sheets of a petition may be fastened in sections of not more than 25 sheets. Near the top of each sheet containing signature lines must be printed the title of the statute or constitutional amendment proposed or the issue to be referred or a statement that the petition is for the purpose of calling a constitutional convention. If signature lines are printed on both the front and back of a petition sheet, the information required above must appear on both the front and back of the sheet. The complete text of the issue proposed or referred must be attached to or contained within each signature sheet if sheets are circulated separately. The text of the issue must be in the bill form provided in the most recent edition of the bill drafting manual furnished by the legislative services division. If sheets are circulated in sections, the complete text of the issue must be attached to each section.

(3) An internet posting of petition language must include a statement that the petition language and format may not be modified. An internet posting must include an affidavit in substantially the same form as prescribed by the secretary of state pursuant to 13-27-302 .
Mont. Code Ann. § 13-35-241 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-241
13-35-241 Release of vote tally -- penalty
Status: in_force

13-35-241 . Release of vote tally -- penalty. (1) A person may not make public the results of a vote tally from a precinct until after the polls close as provided in 13-1-106 .

(2) (a) A person who knowingly violates subsection (1) shall be imprisoned in the state prison for a term not to exceed 2 years or be fined an amount not less than $100,000 and not more than $500,000, or both.

(b) For the purposes of this section "knowingly" has the meaning specified in 45-2-101 .
Mont. Code Ann. § 13-35-242 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-242
13-35-242 Political activity in public postsecondary institution residence hall, dining facility, or athletic facility -- prohibition -- exceptions -- penalty
Status: in_force

13-35-242 . Political activity in public postsecondary institution residence hall, dining facility, or athletic facility -- prohibition -- exceptions -- penalty. (1) A political committee may not direct, coordinate, manage, or conduct any voter identification efforts, voter registration drives, signature collection efforts, ballot collection efforts, or voter turnout efforts for a federal, state, local, or school election inside a residence hall, dining facility, or athletic facility operated by a public postsecondary institution.

(2) Nothing in this section may be construed as prohibiting any communications made through mail, telephone, text messages, or electronic mail inside a residence hall, dining facility, or athletic facility or any political advertising made through radio, television, satellite, or internet service. Nothing in this section may be construed as prohibiting an individual from undertaking or participating in any activity for a federal, state, local, or school election if the activity is undertaken at the individual's exclusive initiative.

(3) A person who resides in a residence hall operated by a public postsecondary institution or who regularly uses a dining hall operated by public postsecondary institution, a candidate for office in a federal, state, local, or school election, or a political committee engaged in a federal, state, local, or school election may institute an action in any court of competent jurisdiction to prevent, restrain, or enjoin a violation of this section.

(4) A political committee that violates this section is subject to a civil penalty of $1,000 for each violation. Each day of a continuing violation constitutes a separate offense.

(5) For the purposes of this section, "public postsecondary institution" means:

(a) a unit of the Montana university system as described in 20-25-201 ; or

(b) a Montana community college defined and organized as provided in 20-15-101 .
Mont. Code Ann. § 13-35-221 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-221
13-35-221 Improper nominations
Status: in_force

13-35-221 . Improper nominations. (1) A person may not pay or promise valuable consideration to another, in any manner or form, for the purpose of inducing the other person to be or to refrain from or to cease being a candidate, and a person may not solicit or receive any payment or promise from another for that purpose.

(2) A person, in consideration of any gift, loan, offer, promise, or agreement, as mentioned in subsection (1), may not:

(a) be nominated or refuse to be nominated as a candidate at an election;

(b) become, individually or in combination with any other person or persons, a candidate for the purpose of defeating the nomination or election of any other person, without a bona fide intent to obtain the office; or

(c) withdraw if the person has been nominated.

(3) Upon complaint made to any district court, the judge shall issue a writ of injunction restraining the officer whose duty it is to prepare official ballots for a nominating election from placing the name of a person on the ballot as a candidate for nomination to any office if the judge is convinced that:

(a) the person has sought the nomination or seeks to have the person's name presented to the voters as a candidate for nomination by any political party for any mercenary or venal consideration or motive; and

(b) the person's candidacy for the nomination is not in good faith.
Mont. Code Ann. § 13-1-504 — MT Code / Title 13 / Chapter 1 / Part 5 / Section 13-1-504
13-1-504 Dates for special purpose district elections -- call for election
Status: in_force

13-1-504 . Dates for special purpose district elections -- call for election. (1) Except as provided in subsection (2), the following elections for a special purpose district must be held on the same day as the regular school election day established in 20-20-105 (1), which is the first Tuesday after the first Monday in May:

(a) an election to create, alter the boundaries of, continue, or dissolve a special purpose district; and

(b) an election to fill a special purpose district office.

(2) (a) A special purpose district election that includes a question affecting district funding, such as fee assessments, bonds, or the sale or lease of property, may be held on the day specified in subsection (1) or scheduled as a special election.

(b) A conservation district election must be held on a primary or general election day.

(c) If the special purpose district will be administered by a city, town, or consolidated city-county, the city, town, or consolidated city-county may schedule an election to create, dissolve, or continue a special purpose district on the same day as the general municipal election day.

(3) If specifically authorized by law, a special purpose district election may be held at the district's annual meeting.

(4) A special purpose district election may not be held earlier than 85 days after the date of the order or resolution calling for the election.

(5) 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. § 13-35-251 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-251
13-35-251 Physical prevention of obtaining signatures or physical intimidation of signature gatherers prohibited
Status: in_force

13-35-251 . Physical prevention of obtaining signatures or physical intimidation of signature gatherers prohibited. A person may not knowingly or purposefully physically prevent an individual from obtaining signatures or attempting to obtain signatures on a petition for a statewide or local government ballot issue or physically intimidate another individual when that individual is obtaining or attempting to obtain signatures on a petition for a statewide or local government ballot issue. A person who violates this section is guilty of a misdemeanor and on conviction shall be punished by a fine of not more than $500, by imprisonment for not more than 90 days, or by both a fine and imprisonment.
Mont. Code Ann. § 13-28-206 — MT Code / Title 13 / Chapter 28 / Part 2 / Section 13-28-206
13-28-206 Submission of signatures -- certification -- election
Status: in_force

13-28-206 . Submission of signatures -- certification -- election. (1) Signed sheets or sections of petitions with original signatures must be:

(a) collected and filed with the official responsible for the registration of electors in the county in which the signatures were obtained within 90 days of the date of the notice that the petition was approved as to form pursuant to 13-28-201 ; and

(b) submitted no later than 4 weeks before the certification date specified in subsection (2).

(2) The county election administrator shall certify a local government ballot issue for a local government election no later than 85 days before the election.

(3) Subject to 13-28-204 (1) and subsections (1) and (2) of this section, an election on an approved petition containing sufficient signatures held pursuant to this chapter must be conducted in conjunction with the local government's next election held in accordance with Title 13, chapter 1, part 4. However, if the petition requests a special election, is signed by at least 25% of the qualified electors, and otherwise complies with the requirements of subsections (1) and (2) of this section, a special election must be held on the date specified in the petition. In order to determine the number of signatures needed on a petition to meet the percentage requirements of this subsection (3), the number of electors must be calculated as provided in 13-28-201 (2).
Mont. Code Ann. § 13-37-505 — MT Code / Title 13 / Chapter 37 / Part 5 / Section 13-37-505
13-37-505 Prohibition on foreign national interference in statewide ballot issues
Status: in_force

13-37-505 . Prohibition on foreign national interference in statewide ballot issues. (1) It is unlawful for a foreign national, directly or through an intermediary, to make a disbursement for an electioneering communication, a contribution, or an expenditure, or to make an express or implied promise to make a contribution or an expenditure, in connection with any statewide ballot issue.

(2) It is unlawful for a person to:

(a) solicit, accept, or receive any funds from a foreign national for any purpose described in subsection (1); or

(b) make a contribution, expenditure, or independent expenditure using any funds the person knows were received from a foreign national for any purpose described in this section.

(3) (a) Upon receipt of a contribution by a political committee created to support or to oppose a ballot issue, the committee treasurer shall obtain from the donor an affirmation that the donor is not a foreign national.

(b) Records of the donor affirmation received must be included in the treasurer's recordkeeping obligations under 13-37-207 and 13-37-208 .
Mont. Code Ann. § 13-17-503 — MT Code / Title 13 / Chapter 17 / Part 5 / Section 13-17-503
13-17-503 Random-sample audit required after federal election -- rulemaking authority
Status: in_force

13-17-503 . Random-sample audit required after federal election -- rulemaking authority. (1) After unofficial results are available to the public in a federal election, but before the official canvass by the county board of canvassers, the county audit committee shall conduct a random-sample audit.

(2) The random-sample audit may not include a ballot that a vote-counting machine was unable to process and that was not resolved pursuant to 13-15-206 because the ballot:

(a) appeared to have at least one overvote;

(b) appeared to be blank;

(c) was in a condition that prevented its processing by a vote-counting machine; or

(d) contained a mark, error, or omission that prevented its processing by a vote-counting machine.

(3) Except as provided in subsections (4) and (5), the random-sample audit must include:

(a) at least 10% of the precincts in each county or a minimum of two precincts in each county, whichever is greater; and

(b) elections for:

(i) two statewide office races, if any;

(ii) two federal office races;

(iii) two legislative office races;

(iv) two statewide ballot issues if statewide ballot issues were on the ballot; and

(v) one countywide race if requested by the board of county commissioners using the process in 13-17-510 .

(4) The audit may not include:

(a) a retention election for a judicial candidate; or

(b) a race in which a candidate was unopposed.

(5) A county is exempt from the postelection random-sample audit requirements if the county's unofficial final vote totals for a ballot issue or for any race, except precinct committee representative, show a tie vote or a vote within the margins allowed by Title 13, chapter 16, part 2, for a recount without a court order. A county meeting the requirements of this subsection shall notify the secretary of state as soon as practicable.

(6) The secretary of state shall adopt rules to implement the provisions of this part, including but not limited to rules for:

(a) the process to be used for selecting precincts, races, and ballot issues for the random-sample audit;

(b) the manner in which the random-sample audit of vote-counting machines will be conducted pursuant to the procedures established in this part; and

(c) the process to be used for counties that do not use vote-counting machines.
Mont. Code Ann. § 13-37-131 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-131
13-37-131 Misrepresentation of voting record
Status: in_force

13-37-131 . Misrepresentation of voting record. (1) It is unlawful for a person to misrepresent a candidate's public voting record with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false.

(2) It is unlawful for a person to misrepresent to a candidate another candidate's public voting record with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false.

(3) For the purposes of this section, the public voting record of a candidate who was previously a member of the legislature includes a vote of that candidate recorded in committee minutes or in journals of the senate or the house of representatives. Failure of a person to verify a public voting record is evidence of the person's reckless disregard if the statement made by the person or the information provided to the candidate is false.

(4) A person violating subsection (1) or (2) is liable in a civil action brought by the commissioner or county attorney pursuant to 13-37-124 for an amount up to $1,000. An action pursuant to this section is subject to the provisions of 13-37-129 and 13-37-130 .
Mont. Code Ann. § 13-37-208 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-208
13-37-208 Treasurer to keep records
Status: in_force

13-37-208 . Treasurer to keep records. (1) (a) Except as provided in subsection (1)(b), the campaign treasurer of each candidate, each political committee, and each joint fundraising committee shall keep detailed accounts of all contributions received and all expenditures made by or on behalf of the candidate, political committee, or joint fundraising committee that are required to be set forth in a report filed under this chapter. The accounts must be current within not more than 10 days after the date of receiving a contribution or making an expenditure.

(b) The accounts described in subsection (1)(a) must be current as of the 5th day before the date of filing of a report as specified in 13-37-228 .

(2) Accounts of a deputy campaign treasurer must be transferred to the treasurer of a candidate or political committee before the candidate, political committee, or joint fundraising committee finally closes its books or when the position of a deputy campaign treasurer becomes vacant and no successor is appointed.

(3) Accounts kept by a campaign treasurer of a candidate, political committee, or joint fundraising committee must be preserved by the campaign treasurer for a period of 2 years from the date of the election.
Mont. Code Ann. § 13-38-105 — MT Code / Title 13 / Chapter 38 / Part 1 / Section 13-38-105
13-38-105 City and county central committee rules to be filed with election administrator
Status: in_force

13-38-105 . City and county central committee rules to be filed with election administrator. The city and county central committees of each political party of this state shall file a current copy of their rules of government with the election administrator. Rules adopted by a city or county central committee are effective only upon filing with the election administrator.
Mont. Code Ann. § 13-13-301 — MT Code / Title 13 / Chapter 13 / Part 3 / Section 13-13-301
13-13-301 Challenges
Status: in_force

13-13-301 . Challenges. (1) An elector's right to vote may be challenged at any time by any registered elector by the challenger filling out and signing an affidavit stating the grounds of the challenge and providing any evidence supporting the challenge to the election administrator or, on election day, to an election judge.

(2) A challenge may be made on the grounds that the elector:

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

(b) has voted before in that election;

(c) has been convicted of a felony and is serving a sentence in a penal institution;

(d) is not registered as required by law;

(e) is not 18 years of age or older;

(f) has not been, for at least 30 days, a resident of the county in which the elector is offering to vote, except as provided in 13-2-514 ;

(g) is a provisionally registered elector whose status has not been changed to a legally registered voter; or

(h) does not meet another requirement provided in the constitution or by law.

(3) When a challenge has been made under this section, unless the election administrator determines without the need for further information that the challenge is insufficient:

(a) prior to the close of registration under 13-2-301 , the election administrator shall question the challenger and the challenged elector and may question other persons to determine whether the challenge is sufficient or insufficient to cancel the elector's registration under 13-2-402 ; or

(b) after the close of regular registration under 13-2-301 , the election administrator or, on election day, either the election administrator or an election judge shall allow the challenged elector to cast a provisional paper ballot, which must be handled as provided in 13-15-107 .

(4) (a) In response to a challenge, the challenged elector may fill out and sign an affidavit to refute the challenge and swear that the elector is eligible to vote.

(b) If the challenge was not made in the presence of the elector being challenged, the election administrator or election judge shall notify the challenged elector of who made the challenge and the grounds of the challenge and explain what information the elector may provide to respond to the challenge. The notification must be made:

(i) within 5 days of the filing of the challenge if the election is more than 5 days away; or

(ii) on or before election day if the election is less than 5 days away.

(c) The election administrator or, on election day, the election judge shall also provide to the challenged elector a copy of the challenger's affidavit and any supporting evidence provided.

(5) The secretary of state shall adopt rules to implement the provisions of this section and shall provide standardized affidavit forms for challengers and challenged electors.
Mont. Code Ann. § 13-15-107 — MT Code / Title 13 / Chapter 15 / Part 1 / Section 13-15-107
13-15-107 Handling and counting provisional and challenged ballots
Status: in_force

13-15-107 . Handling and counting provisional and challenged ballots. (1) To verify eligibility to vote, a provisionally registered individual who casts a provisional ballot has until 5 p.m. on the day after the election to provide valid identification or eligibility information either in person, by facsimile, by electronic means, or by mail postmarked no later than the day after the election.

(2) If a legally registered individual casts a provisional ballot because the individual failed to provide sufficient identification as required pursuant to 13-13-114 (1)(a):

(a) the elector has until 5 p.m. on the day after the election to provide identification information pursuant to the requirements of 13-13-114 ; and

(b) the election administrator shall compare the signature of the individual or the individual's agent designated pursuant to 13-1-116 on the affirmation required under 13-13-601 to the signature on the individual's voter registration form or the agent's designation form. If the signatures match, the election administrator shall handle the ballot as provided in subsection (5). If the signatures do not match and the individual or the individual's agent fails to provide valid identification information by the deadline, the ballot must be rejected and handled as provided in 13-15-108 .

(3) A provisional ballot must be counted if the election administrator verifies the individual's identity or eligibility pursuant to rules adopted under 13-13-603 . However, if the election administrator cannot verify the individual's identity or eligibility under the rules, the individual's provisional ballot must be rejected and handled as provided in 13-15-108 . If the ballot is provisional because of a challenge and the challenge was made on the grounds that the individual is of unsound mind or serving a felony sentence in a penal institution, the individual's provisional ballot must be counted unless the challenger provides documentation by 5 p.m. on the day after the election that a court has established that the individual is of unsound mind or that the individual has been convicted and sentenced and is still serving a felony sentence in a penal institution.

(4) The election administrator shall provide an individual who cast a provisional ballot but whose ballot was or was not counted with the reasons why the ballot was or was not counted.

(5) A provisional ballot must be removed from its provisional envelope, grouped with other ballots in a manner that allows for the secrecy of the ballot to the greatest extent possible, and counted as any other provisional ballot if the individual's voter information is:

(a) verified before 5 p.m. on the day after the election; or

(b) postmarked by 5 p.m. on the day after election day and received and verified by 3 p.m. on the sixth day after the election.

(6) Provisional ballots that are not resolved by the end of election day may not be counted until after 3 p.m. on the sixth day after the election.
Mont. Code Ann. § 13-2-304 — MT Code / Title 13 / Chapter 2 / Part 3 / Section 13-2-304
13-2-304 Late registration -- late changes
Status: in_force

13-2-304 . Late registration -- late changes. (1) Except as provided in 13-21-104 and subsections (2) and (3) of this section, the following provisions apply:

(a) An elector may register or change the elector's voter registration information after the close of regular registration as provided in 13-2-301 and vote in the election if the election administrator in the county where the elector resides receives and verifies the elector's voter registration information prior to noon the day before the election.

(b) Except as provided in 13-2-514 (2)(a) and subsection (1)(c) of this section, an elector who registers or changes the elector's voter information pursuant to this section may vote in the election if the elector obtains the ballot from the location designated by the county election administrator.

(c) With respect to an elector who registers late pursuant to this section for a school election conducted by a school clerk, the elector may vote in the election only if the elector obtains from the county election administrator a document, in a form prescribed by the secretary of state, verifying the elector's late registration. The elector shall provide the verification document to the school clerk, who shall issue the ballot to the elector and enter the verification document as part of the official register.

(d) An elector who registers late and obtains a ballot pursuant to this section may return the ballot as follows:

(i) before election day, to a location designated by the county election administrator or school clerk if the election is administered by the school district; or

(ii) on election day, to the election office or to any polling place in the county where the elector is registered to vote or, if the ballot is for a school election, to any polling place in the school district where the election is being conducted.

(2) If an elector has already been issued a ballot for the election, the elector may change the elector's voter registration information only if the original voted ballot has not been received at the county election office, or received by the school district if the district is administering the election, and if the original ballot that was issued is marked by the issuing county as void in the statewide voter registration system, or by the school district if the district is administering the election, prior to the change.

(3) In a federal election, an elector may register or change the elector's voter registration information after the close of regular registration as provided in 13-2-301 and vote in the election if the election administrator in the county where the elector resides receives and verifies the elector's voter registration information:

(a) prior to the close of business on the Friday before the election;

(b) between 8 a.m. and 5 p.m. on the Saturday before the election; and

(c) prior to noon on the day of the election.
Mont. Code Ann. § 13-35-236 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-236
13-35-236 Void
Status: in_force

13-35-236 . Void. I.R. No. 114, Nov. 3, 1998.
Mont. Code Ann. § 13-13-246 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-246
13-13-246 Electronic ballots for disabled persons -- procedures -- definition -- rulemaking
Status: in_force

13-13-246 . Electronic ballots for disabled persons -- procedures -- definition -- rulemaking. (1) (a) Upon a written or an in-person request from a legally registered or provisionally registered elector with a disability, an election administrator shall provide the elector with an electronic ballot.

(b) The request may be made by electronic mail.

(2) (a) After receiving a request and verifying that the elector is legally registered or provisionally registered, the election administrator shall provide to the elector an electronic ballot, instructions for completing the ballot, a secrecy envelope or page, and a transmittal cover sheet that includes an elector affirmation. If the elector is provisionally registered, the election administrator shall include instructions about what information the elector shall include with the voted ballot pursuant to 13-13-201 (4).

(b) The election administrator shall maintain an official log of all ballots provided pursuant to this section.

(c) After voting the ballot, the elector shall print the ballot, place it in the secrecy envelope or under the secrecy page, sign the affirmation, including by fingerprint, mark, or agent pursuant to 13-1-116 , or provide a driver's license number or the last four digits of the elector's social security number. If the elector is provisionally registered, the elector shall also return sufficient voter identification and eligibility information to allow the election administrator to determine pursuant to rules adopted under 13-2-109 that the elector is legally registered. The elector shall return the voted ballot and affirmation in a manner that ensures both are received by 8 p.m. on election day.

(d) An elector may return the voted ballot and affirmation in the regular mail provided they are received at the office of the election administrator by 8 p.m. on election day. A valid ballot must be counted if it is received at the office of the election administrator by 8 p.m. on election day.

(3) After receiving a ballot and secrecy envelope and if the validity of the ballot is confirmed pursuant to 13-13-241 , the election administrator shall log the receipt of the ballot and process it as required in Title 13, chapter 13. If the ballot is rejected, the election administrator shall notify the elector pursuant to 13-13-245 .

(4) (a) When performing the procedures prescribed in 13-13-241 (8) to open secrecy envelopes, an election official shall place in a secure absentee ballot envelope any ballot returned pursuant to this section that requires transcription. No sooner than the time provided in 13-13-241 (8), the election administrator shall transcribe the returned ballots using the procedure prescribed below and in accordance with any rules established by the secretary of state to ensure the security of the ballots and the secrecy of the votes.

(b) No fewer than three election officials shall participate in the transcription process to transfer the elector's vote from the received ballot to the standard ballot used in the precinct.

(c) A number must be written on the secrecy envelope or page that contains the original voted electronic ballot, and the same number must be placed on the transcribed ballot and in the official log.

(d) The election officials who transcribed the original voted electronic ballot shall sign the log next to the number.

(e) No one participating in the ballot transmission process may reveal any information about the ballot.

(5) The secretary of state shall adopt rules to implement and administer this section, including rules to ensure the security of the ballots and the secrecy of the votes.
Mont. Code Ann. § 13-10-605 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-605
13-10-605 Qualifying minor political parties -- reports required
Status: in_force

13-10-605 . Qualifying minor political parties -- reports required. (1) A person who spends or receives money to support or oppose an effort to qualify a minor political party for primary elections using the petitions described in 13-10-606 shall comply with the provisions of Title 13, chapter 37, part 6.

(2) For the purposes of this section, "support or oppose" has the meaning as provided in 13-37-601 .
Mont. Code Ann. § 13-27-304 — MT Code / Title 13 / Chapter 27 / Part 3 / Section 13-27-304
13-27-304 County official to forward verified sheets
Status: in_force

13-27-304 . County official to forward verified sheets. The county official verifying the number of registered electors signing the petition shall forward it to the secretary of state by certified mail with a certificate in substantially the following form attached:

To the Honorable ____________, Secretary of State of the state of Montana:

I, ____________, ___________ (title) of the County of __________, certify that I have examined the attached sheets of the petition for (statutory referendum, statutory initiative, constitutional convention initiative, or constitutional initiative) No. ____ in the manner prescribed by law; and I believe that ____ (number) signatures in (Legislative Representative District No. ____ or the County of ____) (repeat for each district or county included in sheet or section) are valid; and I further certify that the affidavit of the signature gatherer of the petition is attached.

Signed:______________ (Date) _______________ (Signature)

Seal _________________________ (Title)
Mont. Code Ann. § 13-35-215 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-215
13-35-215 Illegal consideration for voting
Status: in_force

13-35-215 . Illegal consideration for voting. A person, directly or indirectly, individually or through any other person, may not:

(1) before or during any election, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at the election or for inducing another to do so:

(a) receive, agree, or contract for any money, gift, loan, liquor, valuable consideration, office, place, or employment for the person or any other person; or

(b) approach any candidate or agent or person representing or acting on behalf of any candidate and ask for or offer to agree or contract for any money, gift, loan, liquor, valuable consideration, office, place, or employment for the person or any other person;

(2) after an election, for having voted or refrained from voting or having induced any other person to vote or refrain from voting at the election:

(a) receive any money, gift, loan, valuable consideration, office, place, or employment; or

(b) approach any candidate or any agent or person representing or acting on behalf of any candidate and ask for or offer to receive any money, gift, loan, liquor, valuable consideration, office, place, or employment for the person or any other person.
Mont. Code Ann. § 13-13-603 — MT Code / Title 13 / Chapter 13 / Part 6 / Section 13-13-603
13-13-603 Rulemaking on provisional voting, absentee ballots, and challenged ballots
Status: in_force

13-13-603 . Rulemaking on provisional voting, absentee ballots, and challenged ballots. (1) The secretary of state shall adopt rules to:

(a) implement the provisions of 13-13-114 and this part concerning verification of voter identification and eligibility;

(b) establish standards for determining the sufficiency of information provided on absentee ballot signature envelopes pursuant to 13-13-241 ;

(c) implement the provisions of 13-15-107 on the handling and counting of provisional and challenged ballots, including the establishment of procedures for verifying voter registration and eligibility information with respect to the ballots.

(2) The rules may not conflict with rules established under 13-2-109 .
Mont. Code Ann. § 13-2-207 — MT Code / Title 13 / Chapter 2 / Part 2 / Section 13-2-207
13-2-207 Confirmation of registration
Status: in_force

13-2-207 . Confirmation of registration. (1) The election administrator shall give or mail to each elector a notice, confirming registration and giving the location of the elector's polling place. A notice sent to an elector to whom the notice is not personally given must be sent by nonforwardable, first-class mail, which must conform to postal regulations to ensure address corrections are received.

(2) If the notice confirming registration is returned as undeliverable, the election administrator shall investigate the reason for the return of any mailed notices and mail a confirmation notice to the elector. The notice must conform to postal regulations to ensure return, not forwarding, of undelivered notices.
Mont. Code Ann. § 13-10-405 — MT Code / Title 13 / Chapter 10 / Part 4 / Section 13-10-405
13-10-405 Submission and verification of petition
Status: in_force

13-10-405 . Submission and verification of petition. Petitions of nomination for the presidential preference primary election and the affidavits of circulation required by 13-27-302 must be presented to the election administrator of the county in which the signatures are gathered at least 1 week before the primary election filing deadline prescribed in 13-10-201 (7). The election administrator shall verify the signatures in the manner prescribed in 13-27-303 through 13-27-308 and must forward the petitions to the secretary of state by the filing deadline prescribed in 13-10-201 (7).
Mont. Code Ann. § 13-2-201 — MT Code / Title 13 / Chapter 2 / Part 2 / Section 13-2-201
13-2-201 Hours of registration
Status: in_force

13-2-201 . Hours of registration. The election administrator's office shall be open for registration of electors from 8 a.m. until 5 p.m. on all regular working days. The office may be kept open for the registration of electors at other times at the discretion of the election administrator.
Mont. Code Ann. § 13-36-203 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-203
13-36-203 Form of complaint
Status: in_force

13-36-203 . Form of complaint. (1) A petition or complaint filed under the provisions of this chapter is sufficient if it is in substantially the following form:

In the District Court of the

.... Judicial District,

for the County of ...., State of Montana.

A B (or A B and C D), Contestants,

vs.

E F, Contestee.

The petition of the contestant (or contestants) named above alleges:

That an election was held (in the state, district, county, or city of ....), on the .... day of ...., 20..., for the (nomination of a candidate for) (or election of a) (state the office).

That .... and .... were candidates at the election and the board of canvassers has returned .... as being nominated (or elected) at the election.

That contestant A B voted (or had a right to vote, as the case may be) at the election (or claims to have had a right to be returned as the nominee or officer elected or nominated at the election or was a candidate at the election, as the case may be) and that contestant C D (here state in a similar manner the right of each contestant).

The contestant (or contestants) further allege (here state the facts and grounds on which the contestants rely).

The contestants ask that it be determined by the court that .... was not nominated (or elected) and that the election was void or that A B or C D, as the case may be, was nominated (or elected) and ask for other relief that the court may find appropriate.

(2) The complaint must be verified by the affidavit of one of the petitioners in the manner required by law for the verification of complaints in civil cases.
Mont. Code Ann. § 13-35-235 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-235
13-35-235 Incorrect election procedures information
Status: in_force

13-35-235 . Incorrect election procedures information. (1) A person may not knowingly or purposely disseminate to any elector information about election procedures that is incorrect or misleading or gives the impression that the information has been officially disseminated by an election administrator.

(2) A person who violates this section is guilty of a misdemeanor.
Mont. Code Ann. § 13-22-106 — MT Code / Title 13 / Chapter 22 / Part 1 / Section 13-22-106
13-22-106 Polling place procedures
Status: in_force

13-22-106 . Polling place procedures. (1) The secretary of state and the superintendent of public instruction shall work with participating schools or county election officials, as necessary, to provide that:

(a) facsimile or mock ballots are distributed to locations designated as youth voting locations;

(b) participating students accompanied by an eligible voter are allowed to cast ballots in the youth election at regular polling places; and

(c) student ballots are counted and the results are announced to the participating schools.

(2) The provisions of this section must be carried out in a manner that will not interfere with the normal voting process or established polling place procedures.
Mont. Code Ann. § 13-37-121 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-121
13-37-121 Inspection of statements and reports -- issuance of orders of noncompliance
Status: in_force

13-37-121 . Inspection of statements and reports -- issuance of orders of noncompliance. (1) Each statement and report filed with the commissioner during an election or within 60 days after the election must be inspected within 20 days after the statement or report is filed. A statement or report concerning Title 13, chapter 37, part 6, must be inspected within 20 days after filing. Intermediate Saturdays, Sundays, and holidays must be excluded in the computation of time under this section. If a person has not satisfied the provisions of this chapter, the commissioner shall immediately notify the person of the noncompliance. Notification by the commissioner may be accomplished by written or electronic communication or by telephone. If the person fails to comply after the notification, the commissioner shall issue an order of noncompliance as provided in this section.

(2) An order of noncompliance may be issued when:

(a) upon examination of the official ballot, it appears that the person has failed to file a statement or report as required by this chapter or that a statement or report filed by a person does not conform to law; or

(b) it is determined that a statement or report filed with the commissioner does not conform to the requirements of this chapter or that a person has failed to file a statement or report required by law.

(3) If an order of noncompliance is issued during a campaign period or within 60 days after an election, a candidate or political committee shall submit the necessary information within 5 days after receiving the order of noncompliance. Upon a failure to submit the required information within the time specified, the appropriate county attorney or the commissioner may initiate a civil or criminal action pursuant to the procedures outlined in 13-37-124 and 13-37-125 .

(4) If an order of noncompliance is issued during any period other than that described in subsection (3), a candidate, political committee, or reporting entity as defined in 13-37-601 shall submit the necessary information within 10 days after receiving the order of noncompliance. Upon a failure to submit the required information within the time specified, the appropriate county attorney or the commissioner shall initiate a civil or criminal action pursuant to the procedures outlined in 13-37-124 and 13-37-125 .

(5) After a complaint is filed with the commissioner pursuant to 13-37-111 , the procedure described in this section regarding the provision of notice and issuance of orders of noncompliance is not a prerequisite to initiation of any other administrative or judicial action authorized under chapter 35 of this title or this chapter.
Mont. Code Ann. § 13-15-105 — MT Code / Title 13 / Chapter 15 / Part 1 / Section 13-15-105
13-15-105 Notices relating to absentee ballot counting board
Status: in_force

13-15-105 . Notices relating to absentee ballot counting board. (1) Not more than 12 days or less than 2 days before an election, the election administrator shall broadcast on radio or television, as provided in 2-3-105 through 2-3-107 , or publish in a newspaper of general circulation in the county a notice indicating the method that will be used for counting absentee ballots and the place and time that the absentee ballots will be counted.

(2) If the count will begin before the polls close, the notice required under subsection (1) must inform the public that any person observing the procedures of the count is required to take the oath provided in 13-15-207 (4) and is subject to 13-35-241 .
Mont. Code Ann. § 13-15-504 — MT Code / Title 13 / Chapter 15 / Part 5 / Section 13-15-504
13-15-504 Governor to issue commissions
Status: in_force

13-15-504 . Governor to issue commissions. Upon receipt of the statements required by 13-15-507 and 13-37-127 , the governor shall issue commissions to the individuals elected. If the governor has been elected to an additional term, the secretary of state shall issue the commission.
Mont. Code Ann. § 13-2-205 — MT Code / Title 13 / Chapter 2 / Part 2 / Section 13-2-205
13-2-205 Procedure when prospective elector not qualified at time of registration
Status: in_force

13-2-205 . Procedure when prospective elector not qualified at time of registration. (1) Subject to subsection (2), an individual who is not eligible to register because of residence or age requirements but who will be eligible on or before election day may apply for voter registration pursuant to 13-2-110 and be registered subject to verification procedures established pursuant to 13-2-109 .

(2) Until the individual meets residence and age requirements, a ballot may not be issued to the individual and the individual may not cast a ballot.
Mont. Code Ann. § 13-1-106 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-106
13-1-106 Time of opening and closing of polls for all elections -- exceptions
Status: in_force

13-1-106 . Time of opening and closing of polls for all elections -- exceptions. (1) Except as provided in subsections (2)(a) and (3), polling places must be open from 7 a.m. to 8 p.m.

(2) (a) A polling place having fewer than 400 registered electors who intend to vote at the polling place must be open from at least noon to 8 p.m. or until all registered electors in any precinct have voted, at which time that precinct in the polling place must be closed immediately.

(b) The determination of whether a polling place has fewer than 400 registered electors who intend to vote at the polling place is calculated by subtracting the number of registered electors who have applied to vote using an absentee ballot from the total number of registered electors.

(c) The election administrator responsible for a polling place opening later than 7 a.m. pursuant to this subsection (2) shall provide notice of the change in polling place hours to affected registered electors who have not received an absentee ballot. The notice must be mailed to each affected registered voter no later than 30 days prior to the election. However, if the polling place opens at the same time in each subsequent election, only one notice mailed before the initial election affected by the change in polling place hours is required.

(3) If an election is held on the same day as a school election and is conducted in the same polling place, the polling place must be opened and closed at the times set for the school election, as provided in 20-20-106 .

(4) If a polling place serves a precinct that lies partially or wholly within the boundaries of an Indian reservation, the hours of operation may not be shortened pursuant to subsection (2) until after the county governing body consults with the governing body of the Indian reservation concerning the potential change in hours of operation.
Mont. Code Ann. § 13-37-604 — MT Code / Title 13 / Chapter 37 / Part 6 / Section 13-37-604
13-37-604 Reporting dates
Status: in_force

13-37-604 . Reporting dates. (1) A reporting entity shall file reports quarterly, due on the 15th day of January, April, July, and October, beginning in the quarter in which the individual or minor party qualification committee becomes a reporting entity and ending when the reporting entity files a closing report as provided by subsection (4).

(2) The initial report must include contributions and expenditures prior to the time a person became a reporting entity until the 5th day before the date of filing of the initial report, even if the minor party petition subsequently fails to garner sufficient signatures to qualify the minor party for primary elections.

(3) (a) Subsequent periodic reports must cover the period of time from the closing of the previous report to 5 days before the date of filing of the next report.

(b) Reports required under subsection (1) must be filed quarterly until the reporting entity files a closing report, even if no contributions have been received or no expenditures have been made during the reporting period.

(4) (a) A reporting entity shall file a closing report whenever all debts and obligations relating to the effort to support or oppose the qualification of a minor political party for primary elections are satisfied and further contributions or expenditures will not be received or made that relate to qualifying the minor political party for primary elections using the minor party petition.

(b) A closing report may be combined with the reporting entity's final quarterly report. However, the combined report must cover the period of time from the closing of the previous report until the date of filing of the combined quarterly and closing report.

(c) If the reporting entity does not file the closing report with the final quarterly report, the closing report must cover the period of the time from the closing of the last quarterly report until the date of the closing report.

(5) A reporting entity may file a combined opening and closing report if it otherwise comports with the requirements of this section.
Mont. Code Ann. § 13-25-302 — MT Code / Title 13 / Chapter 25 / Part 3 / Section 13-25-302
13-25-302 Definitions
Status: in_force

13-25-302 . Definitions. As used in this part, the following definitions apply:

(1) "Cast" means accepted by the secretary of state in accordance with 13-25-307 (3).

(2) "Elector" means an individual selected as presidential elector under this part.

(3) "President" means the president of the United States.

(4) "Unaffiliated presidential candidate" means a candidate for president of the United States who qualifies for the general election ballot in this state under 13-10-504 .

(5) "Vice president" means vice president of the United States.
Mont. Code Ann. § 13-14-112 — MT Code / Title 13 / Chapter 14 / Part 1 / Section 13-14-112
13-14-112 Declarations for nomination -- fee -- filing
Status: in_force

13-14-112 . Declarations for nomination -- fee -- filing. (1) Nonpartisan candidates shall file declarations for nomination as required by the primary election laws in a form prescribed by the secretary of state except as provided in 13-14-113 . Except for a candidate covered under 7-1-205 , a candidate may not file for more than one public office.

(2) Declarations may not indicate political affiliation. The candidate may not state in the declaration any principles or measures that the candidate advocates or any slogans.

(3) Each individual filing a declaration shall pay the fee prescribed by law for the office that the individual seeks.

(4) Declarations must be filed:

(a) in the office of the secretary of state or the appropriate election administrator as provided in 13-10-201 ; and

(b) within the filing period provided in 13-10-201 (7) for the office that the individual seeks.
Mont. Code Ann. § 13-35-101 — MT Code / Title 13 / Chapter 35 / Part 1 / Section 13-35-101
13-35-101 Election code not to supersede criminal code -- statute of limitations
Status: in_force

13-35-101 . Election code not to supersede criminal code -- statute of limitations. (1) The penalty provisions of the election laws of this state are intended to supplement and not to supersede the provisions of the Montana Criminal Code.

(2) Unless otherwise provided, the general time limitations for prosecutions for violations of the election laws are those specified in 45-1-205 .
Mont. Code Ann. § 13-3-103 — MT Code / Title 13 / Chapter 3 / Part 1 / Section 13-3-103
13-3-103 Certification of boundary changes
Status: in_force

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

(2) Not more than 10 days after school district or other election district boundaries have been changed, the governing body making the change shall certify any changes or alterations in the boundaries to the election administrator and deliver a written legal description and a map showing boundaries of the wards, school districts, or other election districts. The map must be sufficiently detailed to clearly identify the wards or districts and the territory included in each.
Mont. Code Ann. § 13-19-205 — MT Code / Title 13 / Chapter 19 / Part 2 / Section 13-19-205
13-19-205 Written plan for conduct of election -- amendments -- public posting requirements
Status: in_force

13-19-205 . Written plan for conduct of election -- amendments -- public posting requirements. (1) The election administrator shall prepare a written plan for the conduct of each election to be conducted by mail. There must be a separate plan for each type of election held even if held on the same day.

(2) The written plan must include:

(a) a timetable for the election;

(b) a plan for providing voter interface devices as required in 13-3-208 ; and

(c) sample written instructions that will be sent to the electors. The instructions must include but are not limited to:

(i) information on the estimated amount of postage required to return the ballot;

(ii) the location of the places of deposit and the days and times when ballots may be returned to the places of deposit, if the information is available; and

(iii) any applicable instructions specified under 13-13-214 (4).

(3) The plan may be amended by the election administrator at any time prior to the 35th day before election day.

(4) The election administrator shall proceed to conduct the election according to the approved plan unless the election is canceled for any reason provided by law.

(5) (a) At least 60 days prior to the election, the plan must:

(i) for elections conducted by the county election office, be posted to the county election website, if active, or publicly noticed in another way;

(ii) for a school election conducted by the school district, be noticed in at least one of the methods provided in 20-20-204 (1)(a)(i) or (1)(a)(ii), posted to the district website, if active, and sent to the county election office in accordance with 20-20-201 (2)(b); or

(iii) for a school election conducted by the county election office, be noticed in accordance with subsection (5)(a)(i) or (5)(a)(ii).

(b) Any amendments to the mail ballot plan must be noticed in accordance with subsection (5)(a)(i) or (5)(a)(ii) not less than 35 days before the election.

(6) If the plan is not posted at least 60 days prior to the election by at least one of the methods provided in subsection (5), then the election defaults to a polling place election.
Mont. Code Ann. § 13-2-110 — MT Code / Title 13 / Chapter 2 / Part 1 / Section 13-2-110
13-2-110 Application for voter registration -- sufficiency and verification of information -- identifiers assigned for voting purposes
Status: in_force

13-2-110 . Application for voter registration -- sufficiency and verification of information -- identifiers assigned for voting purposes. (1) An individual may apply for voter registration in person or by mail, postage paid, by completing and signing the standard application form for voter registration provided for in 13-1-210 and providing the application to the election administrator in the county in which the elector resides.

(2) Each application for voter registration must be accepted and processed as provided in rules adopted under 13-2-109 .

(3) An applicant for voter registration shall provide the applicant's date of birth.

(4) Except as provided in subsection (5), an applicant for voter registration shall also provide the applicant's:

(a) Montana driver's license number;

(b) Montana state identification card number issued pursuant to 61-12-501 ; or

(c) the last four digits of the applicant's social security number.

(5) (a) If an applicant is unable to provide information in accordance with subsection (4), the applicant shall provide as an alternative form of identification:

(i) a military identification card, a tribal photo identification card, a United States passport, or a Montana concealed carry permit; or

(ii) (A) any other form of photo identification, including but not limited to a school district or postsecondary education photo identification with the individual's name; and

(B) a current utility bill, bank statement, paycheck, government check, or other government document that shows the individual's name and current address.

(b) The alternative form of identification must be:

(i) an original version presented to the election administrator if the applicant is applying in person; or

(ii) a readable copy of any of the required documents, which must be enclosed with the application, if the applicant is applying by mail.

(6) (a) If information provided on an application for voter registration is sufficient to be accepted and processed and is verified pursuant to rules adopted under 13-2-109 , the election administrator shall register the elector as a legally registered elector.

(b) If information provided on an application for voter registration was sufficient to be accepted but the applicant failed to provide the information required in subsection (3) and subsections (4) or (5) or if the information provided was incorrect or insufficient to verify the individual's identity or eligibility to vote, the election administrator shall register the applicant as a provisionally registered elector.

(7) Each applicant for voter registration must be notified of the elector's registration status pursuant to rules adopted under 13-2-109 .

(8) The secretary of state shall assign to each elector whose application was accepted a unique identification number for voting purposes and shall establish a statewide uniform method to allow the secretary of state and local election officials to distinguish legally registered electors from provisionally registered electors.

(9) The provisions of this section may not be interpreted to conflict with voter registration accomplished under 13-2-221 , 13-21-221 , and 61-5-107 and as provided for in federal law.
Mont. Code Ann. § 13-37-114 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-114
13-37-114 Rules
Status: in_force

13-37-114 . Rules. (1) The commissioner shall adopt rules to carry out the provisions of chapter 35 of this title and this chapter in conformance with the Montana Administrative Procedure Act.

(2) The rules must:

(a) include the criteria and process used to determine the primary purpose of an incidental committee; and

(b) define what constitutes de minimis acts, contributions, or expenditures.
Mont. Code Ann. § 13-35-250 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-250
13-35-250 False entry on petition or affidavit -- political party petition signed twice
Status: in_force

13-35-250 . False entry on petition or affidavit -- political party petition signed twice. A person who knowingly makes a false entry on a petition or affidavit required by Title 13, chapter 27 or 28, or who knowingly signs a petition to qualify the same political party for the same primary election more than once is guilty of unsworn falsification or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-203 or 45-7-208 , as applicable.
Mont. Code Ann. § 13-10-211 — MT Code / Title 13 / Chapter 10 / Part 2 / Section 13-10-211
13-10-211 Declaration of intent for write-in candidates
Status: in_force

13-10-211 . Declaration of intent for write-in candidates. (1) Except as provided in 13-1-403 (2)(b), 13-1-502 (3)(b), and subsection (2) of this section, a person seeking to become a write-in candidate for an office in any election shall file a declaration of intent. Except for a candidate under 13-38-201 (4) or a candidate covered under 7-1-205 , a candidate may not file for more than one public office. The declaration of intent must be filed with the secretary of state or election administrator, depending on where a declaration of nomination for the desired office is required to be filed under 13-10-201 , or with the school district clerk for a school district office. When a county election administrator is conducting the election for a school district, the school district clerk or school district office that receives the declaration of intent shall notify the county election administrator of the filing. Except as provided in 13-1-403 , 13-1-503 , 20-3-305 , and subsection (3) of this section, the declaration must be filed no later than 5 p.m. on the 90th day before the election and must contain:

(a) the candidate's name, including:

(i) the candidate's first and last names;

(ii) the candidate's initials, if any, used instead of a first name, or first and middle name, and the candidate's last name;

(iii) the candidate's nickname, if any, used instead of a first name, and the candidate's last name; and

(iv) a derivative or diminutive name, if any, used instead of a first name, and the candidate's last name;

(b) the candidate's mailing address;

(c) a statement declaring the candidate's intention to be a write-in candidate;

(d) the title of the office sought;

(e) the date of the election;

(f) the date of the declaration; and

(g) the candidate's signature.

(2) An unsuccessful candidate for office at a primary election may not seek nomination by write-in vote or petition for the same office at the general election.

(3) A declaration of intent may be filed after the deadline provided for in subsection (1) but no later than 5 p.m. on the day before the election if, after the deadline prescribed in subsection (1), a candidate for the office that the write-in candidate is seeking dies or is charged with a felony offense and if the election has not been canceled as provided by law.

(4) The secretary of state shall notify each election administrator of the names of write-in candidates who have filed a declaration of intent with the secretary of state. Each election administrator shall notify the election judges in the county or district of the names of write-in candidates who have filed a declaration of intent.

(5) A properly completed and signed declaration of intent may be provided to the election administrator or secretary of state:

(a) by facsimile transmission;

(b) in person;

(c) by mail; or

(d) by electronic mail.

(6) A declaration is not valid until the filing fee required pursuant to 13-10-202 is received by the secretary of state or the election administrator.

(7) A write-in candidate who files a declaration of intent for a general election may not file with a partisan, nonpartisan, or independent designation.
Mont. Code Ann. § 13-28-301 — MT Code / Title 13 / Chapter 28 / Part 3 / Section 13-28-301
13-28-301 Ballot issue referred by governing body of local government
Status: in_force

13-28-301 . Ballot issue referred by governing body of local government. (1) A governing body of a local government may refer an existing or proposed ordinance to a vote of the people by resolution.

(2) Unless otherwise provided by law, an ordinance referred to a vote of the people by the governing body of a local government must comply with the statement of purpose and implication requirements of 13-28-201 (5) and the yes and no statement requirements provided by 13-28-201 (6).

(3) The governing body of the local government shall transmit a local government ballot issue referred to a vote of the people according to the requirements of Title 13, chapter 1, part 4. The election administrator shall designate a ballot issue and its number as provided in 13-28-201 when the election administrator receives the transmission of a ballot issue by the governing body pursuant to this section.
Mont. Code Ann. § 13-28-103 — MT Code / Title 13 / Chapter 28 / Part 1 / Section 13-28-103
13-28-103 Requirements for ballot issues referred by local government or by petition
Status: repealed

13-28-103 . Requirements for ballot issues referred by local government or by petition. A petition provided for in part 2 of this chapter or a resolution provided for in 13-28-301 for an election must:

(1) embrace only a single comprehensive subject;

(2) set out fully the ordinance sought, the ordinance to be amended and the proposed amendment, or the ordinance to be repealed;

(3) be in the form provided by this chapter; and

(4) contain transition provisions if the measure changes terms of office or forms of government.
Mont. Code Ann. § 13-10-201 — MT Code / Title 13 / Chapter 10 / Part 2 / Section 13-10-201
13-10-201 Declaration for nomination -- term limitations
Status: in_force

13-10-201 . Declaration for nomination -- term limitations. (1) Each candidate in the primary election, except nonpartisan candidates filing under the provisions of Title 13, chapter 14, shall file a declaration for nomination with the secretary of state or election administrator. Except for a candidate under 13-38-201 (4) or a candidate covered under 7-1-205 , a candidate may not file for more than one public office. Each candidate for governor shall file a joint declaration for nomination with a candidate for lieutenant governor.

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

(a) the secretary of state for placement of a name on the ballot for the presidential preference primary, a congressional office, a state or district office to be voted for in more than one county, a member of the legislature, or a judge of the district court; or

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

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

(4) The declaration for nomination must include an oath of the candidate that includes wording substantially as follows: "I hereby affirm that I possess, or will possess within constitutional and statutory deadlines, the qualifications prescribed by the Montana constitution and the laws of the United States and the state of Montana." The candidate affirmation included in this oath is presumed to be valid unless proven otherwise in a court of law.

(5) The declaration, when filed, is conclusive evidence that the elector is a candidate for nomination by the elector's party. For a partisan election, an elector may not file a declaration for more than one party's nomination.

(6) (a) The declaration for nomination must be in the form and contain the information prescribed by the secretary of state.

(b) A person seeking nomination to the legislature shall provide the secretary of state with a street address, legal description, or road designation to indicate the person's place of residence. If a candidate for the legislature changes residence, the candidate shall, within 15 days after the change, notify the secretary of state on a form prescribed by the secretary of state.

(c) The secretary of state and election administrator shall furnish declaration for nomination forms to individuals requesting them.

(7) Except as provided in 13-10-211 , a candidate's declaration for nomination must be filed no sooner than 105 days before the election and no later than 5 p.m., 90 days before the date of the primary election.

(8) A properly completed and signed declaration for nomination form may be sent by facsimile transmission, electronically mailed, delivered in person, or mailed to the election administrator or to the secretary of state.

(9) For the purposes of implementing Article IV, section 8, of the Montana constitution, the secretary of state shall apply the following conditions:

(a) A term of office for an official serving in the office or a candidate seeking the office is considered to begin on January 1 of the term for which the official is elected or for which the candidate seeks election and to end on December 31 of the term for which the official is elected or for which the candidate seeks election.

(b) A year is considered to start on January 1 and to end on the following December 31.

(c) "Current term", as used in Article IV, section 8, of the Montana constitution, has the meaning provided in 2-16-214 .
Mont. Code Ann. § 13-16-304 — MT Code / Title 13 / Chapter 16 / Part 3 / Section 13-16-304
13-16-304 Ordering in another judge -- jurisdiction
Status: in_force

13-16-304 . Ordering in another judge -- jurisdiction. (1) If the judge of the district court in which the application is filed is for any reason disqualified from acting, the judge or a supreme court justice shall order another district judge to hear and determine the application.

(2) The district court shall not lose jurisdiction of the case by failure to hear and determine the application within the prescribed time but shall retain jurisdiction until the cause is finally determined and the final count is made by the county recount board.
Mont. Code Ann. § 13-21-212 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-212
13-21-212 Mailing ballots to covered voter
Status: in_force

13-21-212 . Mailing ballots to covered voter. Ballots mailed to a covered voter must be handled as prescribed in 13-13-214 , except that both the envelope in which a ballot is mailed to the covered voter and the signature envelope for the ballot must have printed across the face the information and graphics and be of the color prescribed by the secretary of state consistent with the regulations established by the federal election commission, the U.S. postal service, or other federal agency.
Mont. Code Ann. § 13-17-102 — MT Code / Title 13 / Chapter 17 / Part 1 / Section 13-17-102
13-17-102 Use of qualified technicians and advisers
Status: in_force

13-17-102 . Use of qualified technicians and advisers. (1) To the extent that funds are available, the secretary of state may compensate qualified technicians and advisers to assist in carrying out the secretary of state's duties required by 13-17-101 .

(2) An entity submitting a voting system for examination shall pay to the secretary of state certain costs connected with the examination based on an agreement reached between the two parties.
Mont. Code Ann. § 13-35-702 — MT Code / Title 13 / Chapter 35 / Part 7 / Section 13-35-702
13-35-702 Definitions
Status: in_force

13-35-702 . Definitions. As used in this part, the following definitions apply:

(1) "Acquaintance" means an individual known by the voter.

(2) "Caregiver" means an individual who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living home, residential care institution, adult day health care facility, or adult foster care home.

(3) "Collect" means to gain possession or control of a ballot.

(4) "Family member" means an individual who is related to the voter by blood, marriage, adoption, or legal guardianship.

(5) "Household member" means an individual who resides at the same residence as the voter.
Mont. Code Ann. § 13-22-101 — MT Code / Title 13 / Chapter 22 / Part 1 / Section 13-22-101
13-22-101 Short title
Status: in_force

13-22-101 . Short title. This chapter may be cited as the "Youth Voting Act".
Mont. Code Ann. § 13-37-125 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-125
13-37-125 Powers of county attorney to investigate
Status: in_force

13-37-125 . Powers of county attorney to investigate. (1) Nothing in chapter 35 of this title or this chapter prevents a county attorney from inspecting any records, accounts, or books that must be kept pursuant to the provisions of chapter 35 of this title or this chapter that are held by a political committee or candidate involved in an election to be held within the county. However, the inspections must be conducted during reasonable office hours.

(2) A county attorney may:

(a) administer oaths and affirmations;

(b) subpoena witnesses and compel their attendance;

(c) take evidence; and

(d) require the production of any books, correspondence, memoranda, bank account statements of a political committee or candidate, or other records that are relevant or material for the purpose of conducting any investigation pursuant to the provisions of chapter 35 of this title or this chapter.
Mont. Code Ann. § 13-27-410 — MT Code / Title 13 / Chapter 27 / Part 4 / Section 13-27-410
13-27-410 Printing and distribution of voter information pamphlet
Status: in_force

13-27-410 . Printing and distribution of voter information pamphlet. (1) At least 110 days before the election, the secretary of state shall arrange with the department of administration by requisition for the printing and delivery of a voter information pamphlet for all statewide ballot issues. The requisition must include a delivery list providing for shipment of the required number of pamphlets to each county and to the secretary of state.

(2) The secretary of state shall estimate the number of copies necessary to furnish one copy to each voter in each county, except that two or more voters with the same mailing address and the same last name may be counted as one voter. The secretary of state shall provide for an extra supply of the pamphlets in determining the number of voter pamphlets to be ordered in the requisition.

(3) The department of administration shall call for bids and contract with the lowest bidder for the printing and delivery of the voter information pamphlet. The contract must require completion of printing and shipment, as specified on the delivery list, of the voter information pamphlets by not later than 45 days before the election at which the statewide ballot issues will be voted on by the people.

(4) The county official responsible for voter registration in each county shall mail one copy of the voter information pamphlet to each registered voter in the county who is on the active voter list, except that two or more voters with the same mailing address and the same last name may be counted as one voter. The mailing label may include an address line that addresses the voter or the current resident. The mailing must take place no later than 30 days before the election.

(5) Ten copies of the voter information pamphlet must be available at each precinct for use by any voter wishing to read the explanatory information and complete text before voting on the statewide ballot issues.
Mont. Code Ann. § 13-14-212 — MT Code / Title 13 / Chapter 14 / Part 2 / Section 13-14-212
13-14-212 Form of ballot on retention of certain incumbent judicial officers
Status: in_force

13-14-212 . Form of ballot on retention of certain incumbent judicial officers. (1) If the incumbent is the only candidate for the office of chief justice, supreme court justice, district court judge, or justice of the peace, the election administrator may not include a nonpartisan designation or write-in space for the office on the general election ballot. The name of the incumbent must be placed on the official ballot for the general election as follows:

Shall (insert title of officer) (insert name of the incumbent officer) of the (insert title of the court) of the state of Montana be retained in office for another term?

(2) Following the question, provision must be made, subject to rules adopted pursuant to 13-12-202 , for a voter to indicate a "yes" or "no" vote.
Mont. Code Ann. § 13-12-201 — MT Code / Title 13 / Chapter 12 / Part 2 / Section 13-12-201
13-12-201 Certification of candidate names and ballot issues for general election ballot
Status: in_force

13-12-201 . Certification of candidate names and ballot issues for general election ballot. (1) Seventy-five days before a general election, the secretary of state shall certify to the election administrators the name and party or other designation of each candidate who filed with the secretary of state and whose name is entitled to appear on the ballot, subject to 13-37-126 , and the ballot issues as shown in the official records of the secretary of state's office.

(2) On certification from the secretary of state's office pursuant to subsection (1), the election administrator shall certify the name and party or other designation of each candidate whose name is entitled to appear on the ballot, subject to 13-37-126 , and the ballot issues as shown in the official records of the election administrator's office, and shall have the official ballots prepared.

(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. § 13-17-509 — MT Code / Title 13 / Chapter 17 / Part 5 / Section 13-17-509
13-17-509 Vote-counting machine maintenance -- examination
Status: in_force

13-17-509 . Vote-counting machine maintenance -- examination. (1) Upgrades, patches, fixes, or alterations may not be applied to any vote-counting machine during the 30 days following a federal election.

(2) If a vote-counting machine fails an audit pursuant to 13-17-507 , the vote-counting machine is subject to examination by a computer software expert in consultation with a voting system vendor.
Mont. Code Ann. § 13-1-406 — MT Code / Title 13 / Chapter 1 / Part 4 / Section 13-1-406
13-1-406 Conduct of elections
Status: in_force

13-1-406 . Conduct of elections. (1) Notice of a local government election must be provided as required in 13-1-108 .

(2) Subject to 13-19-104 , a local government election may be conducted by mail.

(3) Unless otherwise specified by law, conduct of the election, voter registration, and how votes must be cast, counted, and canvassed must be done in accordance with the applicable provisions of this title.
Mont. Code Ann. § 13-27-246 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-246
13-27-246 Transmission of statewide referendum referred by legislature
Status: in_force

13-27-246 . Transmission of statewide referendum referred by legislature. The secretary of state shall transmit to the attorney general a copy of a statewide referendum referred to a vote of the people by the legislature no later than 6 months before the election at which the issue will be voted on by the people.
Mont. Code Ann. § 13-37-403 — MT Code / Title 13 / Chapter 37 / Part 4 / Section 13-37-403
13-37-403 Constituent services account -- prior contributions -- donation to charity
Status: in_force

13-37-403 . Constituent services account -- prior contributions -- donation to charity. A person who established a constituent services account prior to May 14, 2007, shall donate any money remaining in the account on April 24, 2009, to charity by July 1, 2009, or deposit the money by July 1, 2009, into a constituent services account established after May 14, 2007, and shall close the old account. The holder of a constituent services account subject to this section shall file a report with the commissioner describing the disposition of the money subject to this section.
Mont. Code Ann. § 13-3-105 — MT Code / Title 13 / Chapter 3 / Part 1 / Section 13-3-105
13-3-105 Designation of polling place
Status: in_force

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

(2) Not more than 10 days or less than 2 business days before an election, the election administrator shall publish in a newspaper of general circulation in the county a statement of the locations of the precinct polling places. The election administrator shall include in the published notice the accessibility designation for each polling place according to the classification in 13-3-207 . Notice may also be given as provided in 2-3-105 through 2-3-107 .

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

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

(b) If the building regularly used as a designated polling place is not available for an election because of an unforeseen or temporary circumstance and no other suitable building is available free of charge, the county may pay for use of a building as a temporary polling place for that election provided that the building meets the polling place standards under this chapter. If a county pays for the use of a building as a temporary polling place because of an unforeseen or temporary circumstance, the county shall provide with its regular report on election costs to the secretary of state any costs incurred for use of a building pursuant to this subsection (4)(b).

(5) The exterior of the voting systems, or of the booths in which they are placed, and every part of the polling place must be in plain view of the election judges.
Mont. Code Ann. § 13-16-418 — MT Code / Title 13 / Chapter 16 / Part 4 / Section 13-16-418
13-16-418 Certification after recount
Status: in_force

13-16-418 . Certification after recount. (1) (a) Immediately after the recount, the county recount board shall certify the result.

(b) At least two members of the board shall sign the certificate, and it must be attested to under seal by the election administrator.

(c) The certificate must set forth in substance the proceedings of the board and the appearance of any candidates or representatives. The certificate must adequately designate:

(i) each precinct recounted;

(ii) the vote of each precinct according to the official canvass previously made;

(iii) the nomination, position, or question involved; and

(iv) the correct vote of each precinct as determined by the recount.

(d) When the certificate relates to a recount for a congressional office, a state or district office voted on in more than one county, a legislative office, or an office of judge of the district court or a ballot issue voted on in more than one county, the certificate must be made in duplicate. One copy must be transmitted immediately to the secretary of state by certified mail.

(e) (i) If the recount relates to a county, municipal, or district office voted for in only one county, other than that of a legislator or a judge of the district court, or a precinct office or a ballot issue voted on in only one county, the county recount board shall immediately recanvass the returns as corrected by the certificate showing the result of the recount and make a corrected abstract of the votes.

(ii) If the corrected abstract shows no change in the result, no further action is needed.

(iii) If there is a change in the result, a new certificate of election or nomination must be issued to each candidate found to be elected or nominated and the first certificate is void. The individual receiving the second certificate must be elected or nominated to the office.

(2) (a) In the event of a school election recount, immediately after the recount, the school recount board shall certify the result. At least two members of the recount board shall sign the certificate, and it must be attested to under seal by the school election administrator.

(b) The certificate must adequately designate:

(i) the vote of the district according to the official canvass previously made;

(ii) the position or question involved; and

(iii) the correct vote of the district as determined by the recount.

(c) The school recount board shall immediately recanvass the returns as corrected by the certificate showing the result of the recount and make a corrected abstract of the votes. If the corrected abstract shows no change in the result, no further action is needed. If there is a change in the result, a new certificate of election must be issued to each candidate found to be elected and the first certificate is void. The individual receiving the second certificate must be elected to the office.
Mont. Code Ann. § 13-27-213 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-213
13-27-213 Yes and no statement
Status: in_force

13-27-213 . Yes and no statement. (1) A yes and no statement specifies that a positive vote indicates support for the issue and a negative vote indicates opposition to the issue.

(2) The yes and no statement must be placed beside the diagram provided for marking of the ballot in a manner similar to the following:

☐ YES on (insert the type of ballot issue and its number)

☐ NO on (insert the type of ballot issue and its number)

(3) The type of ballot issue and its number required by subsection (2) must be designated by the secretary of state as provided in 13-27-237 after the secretary of state receives notice from the attorney general that the petition has been found legally sufficient as provided in this part.

(4) The yes and no statement may not include additional material beyond the requirements of subsection (2).
Mont. Code Ann. § 13-37-221 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-221
13-37-221 Limitations on limited liability company and partnership contributions to candidates -- reporting requirements
Status: in_force

13-37-221 . Limitations on limited liability company and partnership contributions to candidates -- reporting requirements. (1) A candidate may only accept a contribution from a limited liability company or partnership if the limited liability company is classified and taxed as a sole proprietorship or a partnership, or the partnership is taxed as a partnership, for federal tax purposes. A candidate may not accept a contribution from a limited liability company or partnership that is taxed as a C. corporation or an S. corporation for federal tax purposes.

(2) A contribution from a limited liability company taxed as a sole proprietorship or partnership, or a partnership taxed as a partnership, for federal tax purposes must be reported under the name of the member or partner making the contribution subject to the disclosure requirements under 13-37-229 .

(3) The member or partner reported as making a contribution to a candidate is subject to individual contribution limitations under 13-37-216 .
Mont. Code Ann. § 13-25-103 — MT Code / Title 13 / Chapter 25 / Part 1 / Section 13-25-103
13-25-103 Returns -- lists of electors elected
Status: in_force

13-25-103 . Returns -- lists of electors elected. (1) The votes for candidates for president and vice president shall be given, received, returned, and canvassed as the votes are given, returned, and canvassed for candidates for congress.

(2) The secretary of state shall prepare three lists of names of electors elected and affix the seal of the state to the lists.

(3) The lists shall be signed by the governor and secretary of state and delivered by the latter to the college of electors at the hour of their meeting.
Mont. Code Ann. § 13-1-201 — MT Code / Title 13 / Chapter 1 / Part 2 / Section 13-1-201
13-1-201 Chief election officer
Status: in_force

13-1-201 . Chief election officer. The secretary of state is the chief election officer of this state, and it is the secretary of state's responsibility to obtain and maintain uniformity in the application, operation, and interpretation of the election laws other than those in Title 13, chapter 28, 35, 36, or 37.
Mont. Code Ann. § 13-37-117 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-117
13-37-117 Commissioner to provide forms, manuals, and election laws
Status: in_force

13-37-117 . Commissioner to provide forms, manuals, and election laws. (1) The commissioner shall prescribe forms for reports and other information required to be filed pursuant to chapter 35 and this chapter and provide forms and appropriate information to persons required to file reports and other information.

(2) The commissioner shall prepare and publish a manual prescribing a uniform system for accounts for use by persons required to file reports pursuant to chapter 35 or this chapter.

(3) The commissioner shall provide copies of the election laws relating to penalties, campaign practices, campaign finances, and contested elections to candidates and to any other persons required to file reports or other information pursuant to chapter 35 or this chapter.

(4) The commissioner shall provide copies of forms, manuals, and election laws referred to in this section electronically. Upon request, the commissioner shall provide paper copies.
Mont. Code Ann. § 13-16-203 — MT Code / Title 13 / Chapter 16 / Part 2 / Section 13-16-203
13-16-203 Recount for tie votes
Status: in_force

13-16-203 . Recount for tie votes. (1) When a tie has been certified to the election administrator, as provided in 13-15-405 (4), or the secretary of state, the administrator or the secretary of state shall proceed as if a petition for a recount has been filed. If a tie exists after the recount, the tie must be resolved as provided by law.

(2) In the event of a tie in a school election, the board of trustees shall proceed as if a petition for a recount has been filed pursuant to 13-16-204 (1)(b). If a tie exists after the recount, the tie must be resolved pursuant to 20-20-418 or as otherwise provided by law.
Mont. Code Ann. § 13-35-204 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-204
13-35-204 Official misconduct
Status: in_force

13-35-204 . Official misconduct. A person charged with performance of any duty under the provisions of the election laws of this state is guilty of official misconduct and is punishable as provided in 45-7-401 whenever the person:

(1) knowingly neglects or refuses to perform that duty; or

(2) knowingly and fraudulently acts, in the person's official capacity, in contravention or violation of any provision of the election laws.
Mont. Code Ann. § 13-37-226 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-226
13-37-226 Time for filing reports
Status: in_force

13-37-226 . Time for filing reports. (1) Except as provided in 13-37-206 and 13-37-225 (3), a candidate shall file reports required by 13-37-225 (1)(a), even if the candidate has no contributions or expenditures to report, containing the information required by 13-37-229 , 13-37-231 , and 13-37-232 as follows:

(a) quarterly, due on the 5th day following a calendar quarter, beginning with the calendar quarter in which funds are received or expended during the year or years prior to the election year that the candidate expects to be on the ballot and ending in the final quarter of the year preceding the year of an election in which the candidate participates;

(b) except as provided in subsection (4)(a), the 20th day of March, April, May, June, August, September, October, and November in the year of an election in which the candidate participates;

(c) except as provided in subsection (6), within 2 business days of receiving a contribution equal to the applicable limitation provided in 13-37-216 for the candidate if the contribution is received between the 15th day of the month preceding an election in which the candidate participates and the day before the election;

(d) except as provided in subsection (6), within 2 business days of making an expenditure of an amount equal to or more than the applicable contribution limitation provided in 13-37-216 for the candidate if made between the 15th day of the month preceding an election in which the candidate participates and the day before the election;

(e) semiannually on the 10th day of March and September, starting in the year following an election in which the candidate participates until the candidate files a closing report as specified in 13-37-228 (3); and

(f) as provided by subsection (3).

(2) Except as provided in 13-37-206 , 13-37-225 (3), and 13-37-227 , a political committee or a joint fundraising committee shall file reports required by 13-37-225 (1)(a) containing the information required by 13-37-229 , 13-37-231 , and 13-37-232 as follows:

(a) quarterly, due on the 5th day following a calendar quarter, beginning with the calendar quarter in which the political committee or the joint fundraising committee receives a contribution or makes an expenditure after an individual becomes a candidate or an issue becomes a ballot issue, as defined in 13-1-101 (7)(b), and ending in the final quarter of the year preceding the year in which the candidate or the ballot issue appears on the ballot;

(b) except as provided in subsection (4)(b), the 30th day of March, April, May, June, August, September, October, and November in the year of an election in which the political committee or the joint fundraising committee participates;

(c) within 2 business days of receiving a contribution, except as provided in 13-37-232 , of $500 or more if received between the 25th day of the month before an election in which the political committee or the joint fundraising committee participates and the day before the election;

(d) within 2 business days of making an expenditure of $500 or more that is made between the 25th day of the month before an election in which the political committee or the joint fundraising committee participates and the day before the election;

(e) quarterly, due on the 5th day following a calendar quarter, beginning in the calendar quarter following a year of an election in which the political committee or the joint fundraising committee participates until the political committee or the joint fundraising committee files a closing report as specified in 13-37-228 (3); and

(f) as provided by subsection (3).

(3) In addition to the reports required by subsections (1), (2), and (4), if a candidate, political committee, or joint fundraising committee participates in a special election, the candidate, political committee, or joint fundraising committee shall file reports as follows:

(a) a report on the 60th, 35th, and 12th days preceding the date of the special election; and

(b) 20 days after the special election.

(4) (a) A candidate for a municipal office who participates in an election held in an odd-numbered year shall file the reports required in subsection (1) on the 20th day of June, July, August, September, October, and November of the year of the election in which the candidate participates.

(b) A political committee that participates in a municipal election held in an odd-numbered year shall file the reports required in subsection (2) on the 30th day of June, July, August, September, October, and November of the year of the election in which the committee participates.

(5) Except as provided by 13-37-206 , candidates for a local office and political committees that receive contributions or make expenditures referencing a particular local issue or a local candidate shall file the reports specified in subsections (1) through (4) only if the total amount of contributions received or the total amount of funds expended for all elections in a campaign exceeds $500.

(6) A candidate is not required to file a report required by subsection (1)(c) or (1)(d) if the candidate is not opposed in the election.

(7) A report required by this section must cover contributions received and expenditures made pursuant to the time periods specified in 13-37-228 .

(8) A report required by this section is due by 11:59 p.m. on the due date.

(9) A political committee may file a closing report prior to the date in 13-37-228 (3) and after the complete termination of its contribution and expenditure activity during an election cycle.

(10) Failure to comply with reporting requirements under this section will result in a candidate's name not appearing on the official ballot for an election as provided in 13-37-126 .

(11) For the purposes of this section:

(a) a candidate participates in an election by attempting to secure nomination or election to an office that appears on the ballot; and

(b) a political committee or a joint fundraising committee participates in an election by receiving a contribution or making an expenditure.
Mont. Code Ann. § 13-27-302 — MT Code / Title 13 / Chapter 27 / Part 3 / Section 13-27-302
13-27-302 Certification of signatures
Status: in_force

13-27-302 . Certification of signatures. (1) An affidavit, in substantially the following form, must be attached to each sheet or section submitted to the county official:

I, (name of person who is the signature gatherer), swear that I gathered the signatures on the petition to which this affidavit is attached on the stated dates, that I believe the signatures on the petition are genuine, are the signatures of the persons whose names they purport to be, and are the signatures of Montana electors who are registered at the address or have the telephone number following the person's signature, and that the signers knew the contents of the petition before signing the petition.

______________________________________

(Date on which the first signature was gathered)

______________________________________

(Signature of petition signature gatherer)

______________________________________

(Address of petition signature gatherer)

Subscribed and sworn to before me this ___ day of _________, 20__

Seal ______________________________________

(Person authorized to take oaths)

______________________________________

(Title or notarial information)

(2) (a) (i) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 287 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 273 days before the final date provided in 13-27-104 for filing the petition.

(ii) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 196 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 182 days before the final date provided in 13-27-104 for filing the petition.

(iii) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 126 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 112 days before the final date provided in 13-27-104 for filing the petition.

(iv) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 98 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 84 days before the final date provided in 13-27-104 for filing the petition.

(b) Once the affidavit provided for in subsection (1) is submitted, the election administrator shall date stamp the affidavit, register it in a log, and provide a receipt of submission to the signature gatherer or agent of the group gathering signatures.

(c) If the affidavit and the signature sheet or the section to which the affidavit is attached are subject to a deadline in subsection (2)(a) and are not submitted within the timeline required under subsection (2)(a), the county election administrator shall reject the filing and may not process it further.
Mont. Code Ann. § 13-35-226 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-226
13-35-226 Unlawful acts of employers and employees
Status: in_force

13-35-226 . Unlawful acts of employers and employees. (1) It is unlawful for any employer, in paying employees the salary or wages due them, to include with their pay the name of any candidate or any political mottoes, devices, or arguments containing threats or promises, express or implied, calculated or intended to influence the political opinions or actions of the employees.

(2) It is unlawful for an employer to exhibit in a place where the employer's workers or employees may be working any handbill or placard containing:

(a) any threat, promise, notice, or information that, in case any particular ticket or political party, organization, or candidate is elected:

(i) work in the employer's place or establishment will cease, in whole or in part, or will be continued or increased;

(ii) the employer's place or establishment will be closed; or

(iii) the salaries or wages of the workers or employees will be reduced or increased; or

(b) other threats or promises, express or implied, intended or calculated to influence the political opinions or actions of the employer's workers or employees.

(3) A person may not coerce, command, or require a public employee to support or oppose any political committee, the nomination or election of any person to public office, or the passage of a ballot issue.

(4) A public employee may not solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue while on the job or at the place of employment. However, subject to 2-2-121 and 2-2-122 , this section does not restrict the right of a public employee to perform activities properly incidental to another activity required or authorized by law or to express personal political views.

(5) A person who violates this section is liable in a civil action authorized by 13-37-128 , brought by the commissioner of political practices or a county attorney pursuant to 13-37-124 and 13-37-125 .
Mont. Code Ann. § 13-27-214 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-214
13-27-214 Submission and processing of statewide ballot issues
Status: in_force

13-27-214 . Submission and processing of statewide ballot issues. (1) A proponent of a statutory initiative shall submit the text of the proposed initiative to the secretary of state in accordance with 13-27-216 .

(2) A proponent of a statutory referendum shall submit the text of the proposed referendum to the secretary of state in accordance with 13-27-217 .

(3) A proponent of a constitutional initiative shall submit the text of the proposed initiative to the secretary of state in accordance with 13-27-218 .

(4) A proponent of a constitutional convention initiative shall submit the text of the proposed initiative to the secretary of state in accordance with 13-27-219 .

(5) A constitutional referendum, a constitutional convention referendum, or a legislative referendum passed by the legislature must be processed in accordance with 13-27-220 .
Mont. Code Ann. § 13-37-216 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-216
13-37-216 Limitations on contributions -- adjustment
Status: in_force

13-37-216 . Limitations on contributions -- adjustment. (1) (a) Subject to adjustment as provided for in subsection (3) and subject to 13-35-227 and 13-37-219 , aggregate contributions for each election in a campaign by a political committee or by an individual, other than the candidate, to a candidate are limited as follows:

(i) for candidates filed jointly for the office of governor and lieutenant governor, not to exceed $1,000;

(ii) for a candidate to be elected for state office in a statewide election, other than the candidates for governor and lieutenant governor, not to exceed $700;

(iii) for a candidate for any other public office, not to exceed $400.

(b) Except as provided in 13-37-211 and subsection (5) of this section:

(i) a contribution to a candidate includes contributions made to any political committee organized on the candidate's behalf; and

(ii) a political committee that is not independent of the candidate is considered to be organized on the candidate's behalf.

(2) All political committees except those of political party organizations are subject to the provisions of subsection (1). Political party organizations may form political committees that are subject to the following aggregate limitations, adjusted as provided for in subsection (3) and subject to 13-37-219 , from all political party committees:

(a) for candidates filed jointly for the offices of governor and lieutenant governor, not to exceed $100,000;

(b) for a candidate to be elected for state office in a statewide election, other than the candidates for governor and lieutenant governor, not to exceed $75,000;

(c) for a candidate for public service commissioner, not to exceed $15,000;

(d) for a candidate for the state senate, not to exceed $3,000;

(e) for a candidate for any other public office, not to exceed $2,000.

(3) (a) The commissioner shall adjust the limitations in subsections (1) and (2) by multiplying each limit by an inflation factor, which is determined by dividing the consumer price index for June of the year prior to the year in which a general election is held by the consumer price index for June 2021.

(b) The resulting figure must be rounded up or down to the nearest:

(i) $10 increment for the limits established in subsection (1); and

(ii) $50 increment for the limits established in subsection (2).

(c) The commissioner shall publish the revised limitations as a rule.

(4) A candidate may not accept any contributions, including in-kind contributions, in excess of the limits in this section.

(5) For the purposes of applying the limits in this section if the contributions were received by a joint fundraising committee, a contribution must be construed to be:

(a) from the person who originally contributed funds to the joint fundraising committee; and

(b) received by the candidate participant to whom the funds were allocated by the joint fundraising committee as provided in 13-37-211 .

(6) For purposes of this section, "election" means the general election or a primary election that involves two or more candidates for the same nomination. If there is not a contested primary, there is only one election to which the contribution limits apply. If there is a contested primary, then there are two elections to which the contribution limits apply.
Mont. Code Ann. § 13-2-112 — MT Code / Title 13 / Chapter 2 / Part 1 / Section 13-2-112
13-2-112 Register of electors to be kept
Status: in_force

13-2-112 . Register of electors to be kept. Each election administrator shall keep an official register of electors in the statewide voter registration system. The original signed registration form for each elector must be scanned, and the scanned copy must be retained in the statewide voter registration system. The original paper copy must be kept according to the state records retention schedule for such records. The information recorded in the official register of electors and the design of the registration forms must be prescribed by the secretary of state in the statewide voter registration system.
Mont. Code Ann. § 13-10-301 — MT Code / Title 13 / Chapter 10 / Part 3 / Section 13-10-301
13-10-301 Casting of ballot
Status: in_force

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

(2) At a primary election, the elector shall cast votes on only one of the party ballots, preparing the ballot as provided in 13-13-117 . After casting votes on any other ballots received other than the party ballots, the elector shall ensure the proper disposition of the ballots in accordance with instructions provided pursuant to 13-13-112 .

(3) The elector's ballot must be handled as prescribed in 13-13-117 .
Mont. Code Ann. § 13-1-125 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-125
13-1-125 Prohibition on ranked-choice voting methods -- definition
Status: in_force

13-1-125 . Prohibition on ranked-choice voting methods -- definition. (1) An election conducted under Title 13 or under Title 20 may not use a ranked-choice voting method to determine the election or nomination of a candidate to a local, state, or federal office.

(2) For the purposes of this section, "ranked-choice voting method" means a voting method that allows voters to rank candidates for an office in order of preference and has ballots cast to be tabulated in multiple rounds following the elimination of a candidate until one candidate reaches a majority of the votes.
Mont. Code Ann. § 13-35-210 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-210
13-35-210 Fraudulent voting prohibited -- purposefully maintaining multiple registrations prohibited
Status: in_force

13-35-210 . Fraudulent voting prohibited -- purposefully maintaining multiple registrations prohibited. (1) A person who is not an elector may not vote.

(2) An elector may not vote more than once at an election.

(3) A person may not, for any election, apply for a ballot in the name of some other person, whether it be the name of a living, dead, or fictitious person.

(4) A person or elector may not vote in this state more than once at any election held in this state or vote in both this state and another state or territory in the same or equivalent elections, except in a special district election in which a person or elector is entitled to vote.

(5) A person or elector may not purposefully remain registered to vote in more than one place in this state or another state any time, unless related to involvement in special district elections. A person or elector previously registered to vote in another county or another state shall provide the previous registration information on the Montana voter registration application provided for in 13-2-110 .

(6) A person who violates this section shall, on conviction, be fined up to $5,000, be imprisoned for up to 18 months, or both.

(7) (a) As used in this section, "equivalent elections" means:

(i) elections that have the same date for in-person voting; or

(ii) primary elections that determine which candidates appear on the ballots of general elections if those general elections have the same date for in-person voting.

(b) The term does not include a special district election held simultaneously with another election.
Mont. Code Ann. § 13-28-102 — MT Code / Title 13 / Chapter 28 / Part 1 / Section 13-28-102
13-28-102 Definitions
Status: in_force

13-28-102 . Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Local government" means any city, town, county, or consolidated city-county.

(2) "Local government's next election held in accordance with Title 13, chapter 1, part 4," means a primary or general election that includes the regularly scheduled nomination or election of officers of that local government unit.
Mont. Code Ann. § 13-1-111 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-111
13-1-111 Qualifications of voter
Status: in_force

13-1-111 . Qualifications of voter. (1) A person may not vote at elections unless the person is:

(a) registered as required by law;

(b) 18 years of age or older;

(c) a resident of the state of Montana and of the county in which the person offers to vote for at least 30 days, except as provided in 13-2-514 ; and

(d) a citizen of the United States.

(2) A person convicted of a felony does not have the right to vote while the person is serving a sentence in a penal institution.

(3) A person adjudicated to be of unsound mind does not have the right to vote unless the person has been restored to capacity as provided by law.
Mont. Code Ann. § 13-15-206 — MT Code / Title 13 / Chapter 15 / Part 2 / Section 13-15-206
13-15-206 Counting votes -- uniformity -- rulemaking -- definitions
Status: in_force

13-15-206 . Counting votes -- uniformity -- rulemaking -- definitions. (1) When conducting vote counts as provided by law, a counting board, absentee ballot counting board, or recount board shall count and determine the validity of each vote in a uniform manner as provided in this section.

(2) A manual count or recount of votes must be conducted as follows:

(a) One election judge on the board shall read the ballot while the two other judges on the board shall each record on an official tally sheet the number of valid votes cast for each individual or ballot issue. Write-in votes must be counted in accordance with subsection (5) and rules adopted pursuant to subsection (7). If a vote has not been cast according to instructions, the vote must be considered questionable and the entire ballot must be set aside and votes on the ballot must be handled as provided in subsection (4).

(b) (i) After the vote count is complete, the tally sheets of the two judges recording the votes must be compared.

(ii) If the two tallies match, the judges shall record in the official results records:

(A) the names of all individuals who received votes;

(B) the offices for which individuals received votes;

(C) the total votes received by each individual as shown by the tally sheets; and

(D) the total votes received for or against each ballot issue, if any.

(iii) If the tallies do not match, the count must be conducted again as provided in this subsection (2) until the two tallies match.

(3) (a) When a voting system is counting votes:

(i) if a vote is recognized and counted by the system, it is a valid vote;

(ii) if a vote is not recognized and counted by the system, it is not a valid vote; and

(iii) write-in votes must be counted in accordance with rules adopted pursuant to subsection (7).

(b) If the voting system cannot process the ballot because of the ballot's condition or if the voting system registers an unmarked ballot or an overvote, which must be considered a questionable vote, the entire ballot must be set aside and the votes on the ballot must be counted as provided in subsection (4).

(c) If an election administrator or counting board has reason to believe that a voting system is not functioning correctly, the election administrator shall follow the procedures prescribed in 13-15-209 .

(d) After all valid votes have been counted and totaled, the judges shall record in the official results records the information specified in subsection (2)(b)(ii).

(4) (a) (i) Before being counted, each questionable vote on a ballot set aside under subsection (2)(a) or (3)(b) must be reviewed by the counting board. The counting board shall evaluate each questionable vote according to rules adopted by the secretary of state.

(ii) If a majority of the counting board members agree that under the rules the voter's intent can be clearly determined, the vote is valid and must be counted according to the voter's intent.

(iii) If a majority of the counting board members do not agree that the voter's intent can be clearly determined under the rules, the vote is not valid and may not be counted.

(b) If a ballot was set aside under subsection (3)(b) because it could not be processed by the voting system due to the ballot's condition, the counting board shall transfer all valid votes to a new ballot that can be processed by the voting system.

(5) A write-in vote may be counted only if:

(a) the write-in vote identifies an individual by a designation filed pursuant to 13-10-211 (1)(a); and

(b) the oval, box, or other designated voting area on the ballot is marked.

(6) A vote is not valid and may not be counted if the elector's choice cannot be determined as provided in this section.

(7) The secretary of state shall adopt rules defining a valid vote and a valid write-in vote for each type of ballot and for each type of voting system used in the state. The rules must provide a sufficient guarantee that all votes are treated equally among jurisdictions using similar ballot types and voting systems.

(8) Local election administrators shall adopt policies to govern local processes that are consistent with the provisions of this title and that provide for:

(a) the security of the counting process against fraud;

(b) the place and time and public notice of each count or recount;

(c) public observance of each count or recount, including observance by representatives authorized under 13-16-411 ;

(d) the recording of objections to determinations on the validity of an individual vote or to the entire counting process; and

(e) the keeping of a public record of count or recount proceedings.

(9) For purposes of this section, "overvote" means an elector's vote that has been interpreted by the voting system as an elector casting more votes than allowable for a particular office or ballot issue.
Mont. Code Ann. § 13-2-108 — MT Code / Title 13 / Chapter 2 / Part 1 / Section 13-2-108
13-2-108 Rulemaking for statewide voter registration list
Status: in_force

13-2-108 . Rulemaking for statewide voter registration list. (1) The secretary of state shall adopt rules to implement the provisions of 42 U.S.C. 15483 and this chapter.

(2) The rules must include but are not limited to:

(a) a list of maintenance procedures, including new data entry, updates, registration transfers, and other procedures for keeping information current and accurate;

(b) proper maintenance and use of active and inactive lists;

(c) proper maintenance and use of lists for legally registered electors and provisionally registered electors;

(d) technical security of the statewide voter registration system;

(e) information security with respect to keeping from general public distribution driver's license numbers, whole or partial social security numbers, and address information protected from general disclosure pursuant to 13-2-115 ; and

(f) quality control measures for the system and system users.

(3) The rules adopted by the secretary of state must reflect that an elector who was properly registered prior to January 1, 2003, is considered a legally registered elector.