Mont. Code Ann. § 13-3-102 — MT Code / Title 13 / Chapter 3 / Part 1 / Section 13-3-102
13-3-102 Change of precinct boundaries
Status: in_force

13-3-102 . Change of precinct boundaries. (1) The county governing body may change the boundaries of precincts, but not within 100 days before any primary or between a general election and the primary for that election. When the changes are required to make precinct boundaries conform to legislative district boundaries following the adoption of a districting and apportionment plan under Article V, section 14, of the Montana constitution or other district boundaries changed by the districting and apportionment plan, the changing of precinct boundaries must conform to 13-3-101 and be accomplished within 90 days of the filing of the final plan.

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

(3) The officials responsible for preparing a districting and apportionment plan shall consider the problems of conforming present precinct boundaries to the new districts as well as existing boundaries of wards, school districts, and other districts. The election administrator of counties involved in the plan must be consulted before adoption of the final plan.
Mont. Code Ann. § 13-3-212 — MT Code / Title 13 / Chapter 3 / Part 2 / Section 13-3-212
13-3-212 Exemption if no accessible polling place is reasonably available
Status: in_force

13-3-212 . Exemption if no accessible polling place is reasonably available. (1) If an election administrator desires to designate as a polling place a location that is inaccessible, the election administrator shall make a request in writing to the secretary of state asking that an inaccessible polling place be exempt from the standards for accessibility.

(2) The secretary of state may grant an exemption pursuant to rules adopted under 13-3-205 if all potential polling places have been surveyed and it is determined that:

(a) an accessible polling place is not available and the county or school district cannot safely or reasonably make a polling place temporarily accessible in the area involved; or

(b) the location is a rural polling place and designation of an accessible facility as a polling place will require excessive travel or impose other hardships for the majority of qualified electors in the precinct or school district.
Mont. Code Ann. § 13-17-306 — MT Code / Title 13 / Chapter 17 / Part 3 / Section 13-17-306
13-17-306 Use of separate paper ballots for voting on certain candidates or issues
Status: in_force

13-17-306 . Use of separate paper ballots for voting on certain candidates or issues. Subject to 13-12-202 , whenever a voting system does not allow adequate space for all candidates for all offices or for all ballot issues, separate paper ballots may be used for some or all offices or ballot issues if written authorization is given to the election administrator by the secretary of state.
Mont. Code Ann. § 13-4-202 — MT Code / Title 13 / Chapter 4 / Part 2 / Section 13-4-202
13-4-202 Administration of oaths
Status: in_force

13-4-202 . Administration of oaths. Any election judge may administer and certify oaths required from electors or election judges during an election.
Mont. Code Ann. § 13-38-107 — MT Code / Title 13 / Chapter 38 / Part 1 / Section 13-38-107
13-38-107 Assumed business names and trademarks of central committees
Status: in_force

13-38-107 . Assumed business names and trademarks of central committees. Only a city, county, or state central committee of a political party may register an assumed business name, trademark, or service mark for the central committee as provided by 30-13-219 and 30-13-342 .
Mont. Code Ann. § 13-13-114 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-114
13-13-114 Voter identification and marking precinct register book before elector votes -- provisional voting
Status: in_force

13-13-114 . Voter identification and marking precinct register book before elector votes -- provisional voting. (1) (a) Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name that is current, valid, and readable:

(i) a Montana driver's license, Montana state identification card issued pursuant to 61-12-501 , military identification card, tribal photo identification card, United States passport, Montana concealed carry permit, or student photo identification card issued by the Montana university system or a school that is a member of the national association of intercollegiate athletics; or

(ii) (A) a current utility bill, bank statement, paycheck, government check, or other government document that shows the elector's name and current address; and

(B) photo identification that shows the elector's name.

(b) An elector who provides the information listed in subsection (1)(a) may sign the precinct register and must be provided with a regular ballot to vote.

(c) If the information provided in subsection (1)(a) differs from information in the precinct register but an election judge determines that the information provided is sufficient to verify the voter's identity and eligibility to vote pursuant to 13-2-512 , the elector may sign the precinct register, complete a new registration form to correct the elector's voter registration information, and vote.

(d) An election judge shall write "registration form" beside the name of any elector submitting a form.

(2) If the elector is unable to present the information required by subsection (1) or if the information presented under subsection (1) is insufficient to verify the elector's identity and eligibility to vote or if the elector's name does not appear in the precinct register or appears in the register as provisionally registered and this provisional registration status cannot be resolved at the polling place, the elector may sign the precinct register and cast a provisional ballot as provided in 13-13-601 .

(3) If the elector fails or refuses to sign the elector's name or if the elector is disabled and a fingerprint, an identifying mark, or a signature by a person authorized to sign for the elector pursuant to 13-1-116 is not provided, the elector may cast a provisional ballot as provided in 13-13-601 .
Mont. Code Ann. § 13-27-403 — MT Code / Title 13 / Chapter 27 / Part 4 / Section 13-27-403
13-27-403 Appointment to committee
Status: in_force

13-27-403 . Appointment to committee. (1) Except as provided in subsection (2), appointments to committees advocating approval or rejection of a statewide ballot issue must be made no later than 1 week prior to the deadline for filing arguments on the ballot issue under 13-27-406 .

(2) Appointments to committees advocating approval or rejection of a statutory referendum or a statewide initiative must be made no later than 1 week before the deadline for filing arguments on the ballot issue under 13-27-406 . All persons responsible for appointing members to the committee shall submit to the secretary of state the names and addresses of the appointees no later than the date set by this subsection. The submission must include the written acceptance of appointment from each appointee required by 13-27-402 (6). If an appointment is not made by the required time, the committee members that have been appointed may fill the vacancy by unanimous written consent up until the deadline for filing the arguments.

(3) Within 5 days after receiving notice under subsection (2) but not later than 5 days after the deadline set for appointment of committee members, the secretary of state shall notify the appointees to a committee appointed pursuant to subsection (1) or (2) by certified mail, with return receipt requested, of the deadlines for submission of the committee's arguments.
Mont. Code Ann. § 13-15-501 — MT Code / Title 13 / Chapter 15 / Part 5 / Section 13-15-501
13-15-501 Certification of canvass to state canvassers
Status: in_force

13-15-501 . Certification of canvass to state canvassers. (1) The board of county canvassers shall certify the vote for each individual for whom votes were cast for the offices of president and vice president of the United States, congressional offices, state or district offices voted for in more than one county, members of the legislature, judges of the district court, and for and against ballot issues voted on in more than one county to the board of state canvassers. The certification shall contain all the information required in 13-15-404 for such candidates and issues.

(2) The secretary of the board shall send the certification to the secretary of state by certified mail in an envelope marked "election returns".
Mont. Code Ann. § 13-12-204 — MT Code / Title 13 / Chapter 12 / Part 2 / Section 13-12-204
13-12-204 Method of correction of ballot
Status: in_force

13-12-204 . Method of correction of ballot. If an appointment has been made to replace a candidate, as provided in 13-10-326 , 13-10-327 , or 13-10-328 , or if a candidate for lieutenant governor has been advanced to the candidacy for governor, as provided in 13-10-328 , after the ballots have been prepared but before the election, the election administrator may:

(1) correct the ballot in a manner consistent with rules adopted under 13-12-202 ;

(2) have the entire ballot redone; or

(3) have a separate ballot prepared only for the office for which the new candidate is a candidate.
Mont. Code Ann. § 13-4-104 — MT Code / Title 13 / Chapter 4 / Part 1 / Section 13-4-104
13-4-104 Election administrator to notify judges
Status: in_force

13-4-104 . Election administrator to notify judges. The election administrator must notify the judges of their appointment and of the time set for instruction sessions.
Mont. Code Ann. § 13-17-501 — MT Code / Title 13 / Chapter 17 / Part 5 / Section 13-17-501
13-17-501 Short title
Status: in_force

13-17-501 . Short title. This part may be cited as the "Postelection Audit Act".
Mont. Code Ann. § 13-37-111 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-111
13-37-111 Investigative powers and duties -- recusal
Status: in_force

13-37-111 . Investigative powers and duties -- recusal. (1) Except as provided in this section, the commissioner is responsible for investigating all of the alleged violations of the election laws contained in chapter 35 of this title or this chapter and in conjunction with the county attorneys is responsible for enforcing these election laws.

(2) The commissioner may:

(a) investigate all statements filed pursuant to the provisions of chapter 35 of this title or this chapter and shall investigate alleged failures to file any statement or the alleged falsification of any statement filed pursuant to the provisions of chapter 35 of this title or this chapter. Upon the submission of a written complaint by any individual, the commissioner shall investigate any other alleged violation of the provisions of chapter 35 of this title, this chapter, or any rule adopted pursuant to chapter 35 of this title or this chapter.

(b) inspect 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 any political committee or candidate, as long as the inspection is made during reasonable office hours; and

(c) administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, bank account statements of a political committee or candidate, or other records 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.

(3) If the commissioner determines that considering a matter would give rise to the appearance of impropriety or a conflict of interest, the commissioner is recused from participating in the matter.

(4) The commissioner is recused from participating in any decision in which the commissioner is accused of violating 13-37-108 or any other ethical standard.

(5) (a) If a campaign finance or ethics complaint is filed in the office of the commissioner against the commissioner, a supervisor within the commissioner's office shall within 10 business days forward the complaint to the attorney general, who shall within 45 days appoint a deputy in the case of a finance complaint or a deputy and a hearings officer in the case of an ethics complaint to make a determination in the matter of the complaint. The attorney general shall, to the extent practicable, ensure that there is no conflict of interest in the appointment of the deputy or hearings officer or in the provision of any legal advice to the office of the commissioner.

(b) A deputy appointed pursuant to this subsection must, in addition to complying with the requirements of subsection (6)(b), be an attorney licensed to practice law in Montana who is engaged in the private practice of law and who has liability insurance applicable to the purposes for which the deputy is appointed.

(c) If a complaint is filed against the commissioner, another employee in the office of the commissioner may not provide the commissioner with any information or documents concerning a complaint against the commissioner beyond that information or those documents normally provided to persons in matters before the commissioner.

(6) (a) If the commissioner is recused pursuant to this section, the commissioner shall, except as provided in subsection (5), appoint a deputy, subject to subsection (6)(b).

(b) The deputy:

(i) may not be an employee of the office of the commissioner;

(ii) must have the same qualifications as specified for the commissioner in 13-37-107 ;

(iii) with respect to only the specific matter from which the commissioner is recused, has the same authority, duties, and responsibilities as the commissioner would have absent the recusal; and

(iv) may not exercise any powers of the office that are not specifically related to the matter for which the deputy is appointed.

(7) (a) Except as provided in subsection (7)(b), the appointment of the deputy is effectuated by a contract between the commissioner and the deputy. A contract executed pursuant to this subsection (7) must specify the deputy's term of appointment, which must be temporary, the matter assigned to the deputy, the date on which the matter assigned must be concluded by the deputy, and any other items relevant to the deputy's appointment, powers, or duties.

(b) If a deputy is appointed pursuant to subsection (5), the appointment of the deputy is effectuated by a contract between the supervisor who forwarded the complaint to the attorney general and the deputy or the deputy and the hearings officer, but the contract is construed to be with the office of the commissioner.
Mont. Code Ann. § 13-35-402 — MT Code / Title 13 / Chapter 35 / Part 4 / Section 13-35-402
13-35-402 Fair notice period before election
Status: in_force

13-35-402 . Fair notice period before election. (1) A candidate or a political committee shall at the time specified in subsection (3) provide to candidates listed in subsection (2) any final copy of campaign advertising in print media, in printed material, or by broadcast media that is intended for public distribution in the 10 days prior to an election day unless:

(a) identical material was already published or broadcast; or

(b) the material does not identify or mention the opposing candidate.

(2) The material must be provided to all other candidates who have filed for the same office and who are individually identified or mentioned in the advertising, except candidates mentioned in the context of endorsements.

(3) Final copies of material described in subsection (1) must be provided to the candidates listed in subsection (2) at the following times:

(a) at the time the material is published or broadcast or disseminated to the public;

(b) if the material is disseminated by direct mail, on the date of the postmark; or

(c) if the material is prepared and disseminated by hand, on the day the material is first being made available to the general public.

(4) The copy of the material that must be provided to the candidates listed in subsection (2) must be provided by electronic mail, facsimile transmission, or hand delivery, with a copy provided by direct mail if the recipient does not have available either electronic mail or facsimile transmission. If the material is for broadcast media, the copy provided must be a written transcript of the broadcast.
Mont. Code Ann. § 13-19-101 — MT Code / Title 13 / Chapter 19 / Part 1 / Section 13-19-101
13-19-101 Statement of purpose
Status: in_force

13-19-101 . Statement of purpose. The purpose of this chapter is to provide the option of and procedures for conducting certain specified elections as mail ballot elections. The provisions of this chapter recognize that sound public policy concerning the conduct of elections often requires the balancing of various elements of the public interest that are sometimes in conflict. Among these factors are the public's interest in fair and accurate elections, the election of those who will govern or represent, and cost-effective administration of all functions of government, including the conduct of elections. The provisions of this chapter further recognize that when these and other factors are balanced, the conduct of elections by mail ballot is potentially the most desirable of the available options in certain circumstances.
Mont. Code Ann. § 13-27-218 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-218
13-27-218 Constitutional initiative process and procedure
Status: in_force

13-27-218 . Constitutional initiative process and procedure. (1) A proponent of a constitutional initiative shall submit the text of the proposed constitutional 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 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 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 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 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 initiative and the ballot statements, the secretary of state shall reject the proposed constitutional 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 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 timeframe in subsection (7) for the attorney general's review in accordance with 13-27-226 .

(6) In addition to the requirements in 13-27-226 , the attorney general shall review the proposed constitutional initiative as to whether the proposal could cause a regulatory taking under Montana law or otherwise will likely cause significant material harm to one or more business interests in the state if approved by the voters. If the attorney general determines the proposed constitutional initiative will likely cause significant material harm to one or more business interests in the state, the attorney general shall notify the secretary of state, which must include the finding set forth in 13-27-241 on the final form of the petition.

(7) 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 and subsection (6) of this section.

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

(b) finds that the proposed constitutional 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 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 initiative.
Mont. Code Ann. § 13-25-305 — MT Code / Title 13 / Chapter 25 / Part 3 / Section 13-25-305
13-25-305 Certification of electors
Status: in_force

13-25-305 . Certification of electors. When submitting the certificate of ascertainment as required by 3 U.S.C. 6, the governor shall certify the state's electors to the archivist of the United States. The certificate must state that:

(1) the electors will serve as electors unless a vacancy occurs in the office of elector before the end of the meeting required under 13-25-307 (1), in which case a substitute elector will fill the vacancy as provided for in 13-25-306 ; and

(2) if a substitute elector is appointed to fill a vacancy, the governor will submit an amended certificate of ascertainment stating the names on the final list of the state's electors.
Mont. Code Ann. § 13-27-212 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-212
13-27-212 Statement of purpose and implication
Status: in_force

13-27-212 . Statement of purpose and implication. (1) A statement of purpose and implication expresses the true and impartial explanation of the proposal in plain, easily understood language. The statement of purpose and implication may not be argumentative or written so as to create prejudice for or against the issue.

(2) A statement of purpose and implication may not exceed 135 words.

(3) Unless altered by the court under 13-27-605 , a statement of purpose and implication is the petition title for an issue circulated by petition and the ballot title if the issue circulated by petition is placed on the ballot.
Mont. Code Ann. § 13-27-216 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-216
13-27-216 Statutory initiative process and procedure
Status: in_force

13-27-216 . Statutory initiative process and procedure. (1) (a) A proponent of a statutory initiative shall submit the text of the proposed statutory 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 statutory initiative and ballot statements to the legislative services division for review in accordance with 13-27-225 .

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

(2) Within 14 days after receiving the proposed statutory 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 statutory 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 statutory 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 statutory initiative and the ballot statements, the secretary of state shall reject the proposed statutory 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 statutory initiative and ballot statements concurrently to the budget director and to the attorney general for the attorney general's review in accordance with 13-27-226 .

(5) The budget director shall determine whether a fiscal note is necessary. If the budget director determines a fiscal note is necessary, the budget director shall prepare a 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 (7).

(6) In addition to the requirements of 13-27-226 , the attorney general shall:

(a) include in the attorney general's legal sufficiency review whether the proposed statutory initiative constitutes an appropriation as set forth in 13-27-239 ; and

(b) review the proposed statutory initiative as to whether the proposal could cause a regulatory taking under Montana law or otherwise will likely cause significant material harm to one or more business interests in the state if approved by the voters. If the attorney general determines the proposed statutory initiative will likely cause significant material harm to one or more business interests in the state, the attorney general shall notify the secretary of state, which must include the finding set forth in 13-27-238 (2) on the final form of the petition.

(7) Within 30 days of receipt of the proposed statutory initiative from the secretary of state, the attorney general shall complete the requirements set forth in 13-27-226 and subsection (6) of this section.

(8) The secretary of state shall review the legal sufficiency opinion received pursuant to 13-27-226 .

(a) If the attorney general finds that the proposed statutory 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 statutory initiative has been rejected. The notice must include a copy of the attorney general's legal sufficiency opinion.

(b) If the attorney general finds that the proposed statutory 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 statutory 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 statutory initiative.
Mont. Code Ann. § 13-37-503 — MT Code / Title 13 / Chapter 37 / Part 5 / Section 13-37-503
13-37-503 Penalties
Status: in_force

13-37-503 . Penalties. A person who violates 13-37-502 or 13-37-505 is liable in a civil action pursuant to 13-37-128 .
Mont. Code Ann. § 13-38-101 — MT Code / Title 13 / Chapter 38 / Part 1 / Section 13-38-101
13-38-101 Powers of parties
Status: in_force

13-38-101 . Powers of parties. Each political party may:

(1) make its own rules;

(2) provide for and select its own offices;

(3) call conventions and provide for the number and qualification of delegates;

(4) adopt platforms;

(5) provide for selection of delegates to national conventions;

(6) provide for the nomination of presidential electors;

(7) provide for the selection of national committee representatives;

(8) make nominations to fill vacancies occurring among its candidates nominated for offices to be filled by the state at large or by any district consisting of more than one county where the vacancies are caused by death, resignation, or removal from the electoral district;

(9) perform all other functions inherent in a party organization.
Mont. Code Ann. § 13-27-225 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-225
13-27-225 Review by legislative services division
Status: in_force

13-27-225 . Review by legislative services division. (1) On receipt of a proposed statutory initiative, statutory referendum, constitutional initiative, or constitutional convention initiative and the proposal's ballot statements from the office of the secretary of state as provided in 13-27-216 (1), 13-27-217 (1), 13-27-218 (1), or 13-27-219 (1), the legislative services division staff shall review the text and ballot statements for clarity, consistency, and conformity with the most recent edition of the bill drafting manual furnished by the legislative services division, the requirements of this part, and any other factors that the staff considers when drafting proposed legislation.

(2) (a) The legislative services division staff shall recommend in writing to the proponent revisions to the text and revisions to the ballot statements to make them consistent with any recommendations for change to the text and the requirements of this part or state that no revisions are recommended.

(b) The proponent shall consider the recommendations and respond in writing to the legislative services division, accepting, rejecting, or modifying each of the recommended revisions. If revisions are not recommended, a response is not required.

(3) The legislative services division shall furnish a copy of the correspondence provided for in subsection (2) to the secretary of state, who shall make a copy of the correspondence available to any person on request.
Mont. Code Ann. § 13-21-224 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-224
13-21-224 Transmission of unvoted ballots
Status: in_force

13-21-224 . Transmission of unvoted ballots. (1) For an election described in 13-21-105 , not later than 45 days before the election or, if the 45th day before the election falls on a weekend or holiday, not later than the business day preceding the 45th day, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.

(2) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail or online delivery. The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.
Mont. Code Ann. § 13-13-232 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-232
13-13-232 Delivery of ballots and secrecy envelopes to election judges -- ballots to be rejected
Status: in_force

13-13-232 . Delivery of ballots and secrecy envelopes to election judges -- ballots to be rejected. (1) If an absentee ballot is received prior to delivery of the official ballots to the election judges, the election administrator shall process it according to 13-13-241 and then, unless the early preparation process in 13-13-241 (8) was followed, deliver the unopened secrecy envelope to the judges at the same time that the ballots are delivered.

(2) If an absentee ballot is received after the official ballots are delivered to the election judges but prior to the close of the polls, the election administrator shall process it according to 13-13-241 and shall then immediately deliver the unopened secrecy envelope to the judges.

(3) If the election administrator receives an absentee ballot for which an application or request was not made or received as required by this part, the election administrator shall endorse upon the elector's envelope the date and exact time of receipt and the words "to be rejected". Absentee ballots endorsed in this manner must be handled in the same manner as provided in 13-15-108 (1).
Mont. Code Ann. § 13-16-303 — MT Code / Title 13 / Chapter 16 / Part 3 / Section 13-16-303
13-16-303 Presumption of incorrectness from failure to comply with provisions for counting votes
Status: in_force

13-16-303 . Presumption of incorrectness from failure to comply with provisions for counting votes. If it appears from a verified application that the election judges failed to comply with the provisions of 13-15-206 , that is sufficient cause for believing that the election judges did not correctly ascertain the number of votes cast for the applicant or ballot issue.
Mont. Code Ann. § 13-10-607 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-607
13-10-607 Verification of signatures
Status: in_force

13-10-607 . Verification of signatures. 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/we 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 I/we told the signers the contents of the petition before signing they signed 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)
Mont. Code Ann. § 13-16-412 — MT Code / Title 13 / Chapter 16 / Part 4 / Section 13-16-412
13-16-412 Procedure for recounting paper ballots
Status: in_force

13-16-412 . Procedure for recounting paper ballots. To conduct a recount of paper ballots:

(1) the election administrator shall provide to the recount board, unopened, each sealed package or envelope received from the election judges of the precinct or precincts in which a recount is ordered, containing all the paper ballots voted in the precinct or precincts;

(2) a member of the recount board shall open each sealed package or envelope and remove the ballots, and the board shall count the votes on each ballot manually in the manner provided in 13-15-206 (2), except that if the office to be recounted is on a partisan primary election ballot, votes are recounted only on the party ballots that are subject to the recount; and

(3) the recount must be tallied on previously prepared tally sheets. The tally sheets must show the names of the respective candidates, the office or offices for which a recount is made, and the number of each election precinct.
Mont. Code Ann. § 13-17-101 — MT Code / Title 13 / Chapter 17 / Part 1 / Section 13-17-101
13-17-101 Secretary of state to approve voting systems
Status: in_force

13-17-101 . Secretary of state to approve voting systems. (1) A voting system may not be used for any election in this state unless the system is approved by the secretary of state as provided in this section.

(2) The secretary of state shall:

(a) examine a voting system proposed for use to determine if it complies with the requirements of 13-17-103 ;

(b) within 30 days after examining the voting system, file a report of the examination in the secretary of state's office;

(c) include in the report the reasons for the voting system's approval or disapproval and the secretary of state's opinion about the economic and procedural impact that the voting system's use or nonuse may have on the various counties of this state; and

(d) within 5 days after filing the report, transmit to each election administrator, including school election administrators for elections under Title 20, chapter 20, a copy of the report.

(3) Voting systems may not be used in an election unless approved by the secretary of state 60 days or more prior to the election at which they will be used.
Mont. Code Ann. § 13-19-104 — MT Code / Title 13 / Chapter 19 / Part 1 / Section 13-19-104
13-19-104 Mail ballot elections not mandatory -- when authorized -- when prohibited -- when county election administrator conducts
Status: in_force

13-19-104 . Mail ballot elections not mandatory -- when authorized -- when prohibited -- when county election administrator conducts. (1) Conducting elections by mail ballot is only one option available to local officials, and this chapter does not mandate that the procedure be used.

(2) Except as provided in subsection (3), any election may be conducted by mail ballot.

(3) The following elections may not be conducted by mail ballot:

(a) a regularly scheduled federal, state, or county election;

(b) a special federal or state election, unless authorized by the legislature; or

(c) a regularly scheduled or special election when another election in the political subdivision is taking place at the polls on the same day.

(4) (a) Except as provided in subsection (4)(b), if more than one mail ballot election is being conducted in the political subdivision on the same day, the county election administrator shall conduct the elections.

(b) The requirement that a county election administrator shall conduct more than one mail ballot election on the same day does not apply to a mail ballot school bond election conducted by the trustees of any two or more school districts that have unified pursuant to 20-6-312 or that have created a joint board of trustees pursuant to 20-3-361 .
Mont. Code Ann. § 13-1-102 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-102
13-1-102 Elections by secret ballot
Status: in_force

13-1-102 . Elections by secret ballot. All elections shall be by secret ballot.
Mont. Code Ann. § 13-16-205 — MT Code / Title 13 / Chapter 16 / Part 2 / Section 13-16-205
13-16-205 Expenses of recount
Status: in_force

13-16-205 . Expenses of recount. (1) Except as provided in subsection (2), the expense of the recount provided for in 13-16-201 is a county charge. Recount expenses of the secretary of state and board of state canvassers are a state charge.

(2) If the recount is for a school election, the expense of the recount is a school district charge as provided in 20-20-107 (1).
Mont. Code Ann. § 13-19-306 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-306
13-19-306 Returning marked ballots -- when -- where
Status: in_force

13-19-306 . Returning marked ballots -- when -- where. (1) After complying with 13-19-301 , an elector or the elector's agent or designee may return the elector's ballot on or before election day by either:

(a) depositing the signature envelope in the United States mail, with sufficient postage affixed; or

(b) returning it to any place of deposit designated by the election administrator pursuant to 13-19-307 .

(2) 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 it is received prior to 8 p.m. on election day.
Mont. Code Ann. § 13-10-204 — MT Code / Title 13 / Chapter 10 / Part 2 / Section 13-10-204
13-10-204 Write-in nominations
Status: in_force

13-10-204 . Write-in nominations. An individual nominated by having the individual's name written in and counted as provided in 13-15-206 (5) or otherwise placed on the primary ballot and desiring to accept the nomination may not have the individual's name appear on the general election ballot unless the individual:

(1) received at least 5% of the total votes cast for the successful candidate for the same office at the last general election;

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

(3) complies with the provisions of 13-37-126 .
Mont. Code Ann. § 13-14-111 — MT Code / Title 13 / Chapter 14 / Part 1 / Section 13-14-111
13-14-111 Application of general laws
Status: in_force

13-14-111 . Application of general laws. Except as otherwise provided in this chapter, candidates for nonpartisan offices, including judicial offices, must be nominated and elected according to the provisions of this title.
Mont. Code Ann. § 13-15-505 — MT Code / Title 13 / Chapter 15 / Part 5 / Section 13-15-505
13-15-505 Canvass to be public -- procedure
Status: in_force

13-15-505 . Canvass to be public -- procedure. (1) The canvass must be public. It must proceed by opening the returns from each county, auditing the records from each county for errors, determining the vote for each individual and for and against each ballot issue in each county, compiling totals, and declaring and certifying the results.

(2) The board shall record all write-in votes shown in the returns received from each county.
Mont. Code Ann. § 13-19-103 — MT Code / Title 13 / Chapter 19 / Part 1 / Section 13-19-103
13-19-103 General election laws to apply
Status: in_force

13-19-103 . General election laws to apply. All laws applicable to elections when voting is not done by mail ballot and all penalties prescribed for violation of those laws apply to elections conducted by mail ballot to the extent they do not specifically conflict with the provisions of this chapter or are not otherwise provided for by this chapter.
Mont. Code Ann. § 13-27-101 — MT Code / Title 13 / Chapter 27 / Part 1 / Section 13-27-101
13-27-101 Establishment of initiative and referendum procedures
Status: in_force

13-27-101 . Establishment of initiative and referendum procedures. The right of the people to petition to enact laws by initiative, to petition to approve or reject by referendum any act of the legislature except an appropriation of money, to call for a vote on whether there shall be a constitutional convention, and to propose constitutional amendments by initiative as guaranteed by The Constitution of the State of Montana may be exercised through adherence to the procedures established in this chapter.
Mont. Code Ann. § 13-35-801 — MT Code / Title 13 / Chapter 35 / Part 8 / Section 13-35-801
13-35-801 Definitions
Status: in_force

13-35-801 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) (a) "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by generative artificial intelligence in a manner that materially alters the meaning or significance that a reasonable person understands from the content.

(b) The term does not include image, video, audio, multimedia, or text content that is minimally edited, adjusted, or enhanced by generative artificial intelligence in a manner that does not materially alter the meaning or significance that a reasonable person understands from the content.

(2) "Candidate" has the same meaning as provided in 13-1-101 (8) and, for the purposes of this part, also includes an incumbent or current officeholder.

(3) "Deepfake" means AI-generated content or synthetic media that depicts a candidate or political party with the intent to injure the reputation of the candidate or party or otherwise deceive a voter. A deepfake:

(a) appears to a reasonable person to depict an individual saying or doing something that did not occur in reality; or

(b) provides a reasonable person a fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.

(4) "Generative artificial intelligence" means an artificial intelligence system capable of generating novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a person.

(5) "Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false image, audio, or video.
Mont. Code Ann. § 13-36-211 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-211
13-36-211 When nomination or election not to be vacated
Status: in_force

13-36-211 . When nomination or election not to be vacated. The ground of contest specified in 13-36-101 (3) may not be construed to authorize a nomination or election to be set aside on account of illegal votes unless it appears:

(1) that the candidate or nominee whose right is contested had knowledge of or connived in the illegal votes; or

(2) that the number of illegal votes given to the person whose right to the nomination or office is contested, if taken from the person, would reduce the number of legal votes for the person below the number of votes given to some other person for the same nomination or office, after deducting the illegal votes that may be shown to have been given to the other person.
Mont. Code Ann. § 13-28-205 — MT Code / Title 13 / Chapter 28 / Part 2 / Section 13-28-205
13-28-205 Governing body review of petition
Status: in_force

13-28-205 . Governing body review of petition. (1) The governing body of the local government may, within 60 days of receiving the petition, take the action called for in the petition. If the action is taken, the question need not be submitted to the electors. If the county election administrator has already certified the ballot issue pursuant to 13-28-206 , the results of the election are void.

(2) If the governing body does not within 60 days take the proposed action and the ballot issue is certified by the county election administrator, then the question must be submitted to the electors at the election specified in the petition.
Mont. Code Ann. § 13-36-208 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-208
13-36-208 Advancement of cases -- dismissal -- privileges of witnesses
Status: in_force

13-36-208 . Advancement of cases -- dismissal -- privileges of witnesses. Proceedings under this title must be advanced on the docket upon request of either party for speedy trial, but the court may postpone or continue the trial if necessary, and in case of a continuance or postponement, the court may impose costs in its discretion as a condition of the continuance or postponement. A petition may not be dismissed without the consent of the county attorney unless the petition is dismissed by the court. A person may not be excused from testifying or producing papers or documents on the ground that the person's testimony or the production of papers or documents will tend to incriminate the person. However, an admission, evidence, or paper made or advanced or produced by the person or any evidence that is the direct result of the evidence or information that the person may have given may not be offered or used against the person in any civil or criminal prosecution except in a prosecution for perjury committed in the testimony.
Mont. Code Ann. § 13-27-408 — MT Code / Title 13 / Chapter 27 / Part 4 / Section 13-27-408
13-27-408 Rejection of improper arguments
Status: in_force

13-27-408 . Rejection of improper arguments. The secretary of state shall reject, with the approval of the attorney general, an argument or other matter held to contain obscene, vulgar, profane, scandalous, libelous, or defamatory matter; any language that in any way incites, counsels, promotes, or advocates hatred, abuse, violence, or hostility toward, or that tends to cast ridicule or shame upon, a group of persons by reason of race, color, religion, or sex, as defined in 1-1-201 ; or any matter not allowed to be sent through the mail. Such arguments may not be filed or printed in the voter information pamphlet.
Mont. Code Ann. § 13-21-220 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-220
13-21-220 Covered voter's registration address
Status: in_force

13-21-220 . Covered voter's registration address. In registering to vote, a covered voter who is eligible to vote in Montana shall use and must be assigned to the voting precinct of the address of the last place of residence of the voter in Montana. If that address is no longer a recognized residential address, the voter must be assigned an address for voting purposes.
Mont. Code Ann. § 13-19-313 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-313
13-19-313 Notice to elector -- opportunity to resolve questions
Status: in_force

13-19-313 . Notice to elector -- opportunity to resolve questions. Notice to the elector and the opportunity to resolve questions must be as provided in 13-13-245 , except as follows:

(1) If a mail ballot is returned as undeliverable, the election administrator shall attempt to contact the elector by the most expedient means available to determine the reason for the return and mail a confirmation notice if the elector cannot be contacted otherwise. The notice must be sent by forwardable, first-class mail with a postage-paid, return-addressed notice.

(2) If the confirmation notice is returned to the election administrator, the election administrator shall place the elector on the inactive list provided for in 13-2-220 until the elector becomes a qualified elector. In order to become a qualified voter, an elector shall follow the procedure in 13-2-222 or 13-2-304 , as applicable.
Mont. Code Ann. § 13-21-105 — MT Code / Title 13 / Chapter 21 / Part 1 / Section 13-21-105
13-21-105 Elections covered
Status: in_force

13-21-105 . Elections covered. (1) The voting procedures in this chapter apply to:

(a) a general, special, presidential preference, or primary election for federal office;

(b) a general, special, recall, or primary election for statewide or state legislative office or state ballot measure.

(2) Nothing in this section prohibits the application of the voting procedures in this chapter to any other elections.
Mont. Code Ann. § 13-15-402 — MT Code / Title 13 / Chapter 15 / Part 4 / Section 13-15-402
13-15-402 Canvass of votes by board -- procedures if all returns not received by time of canvass
Status: in_force

13-15-402 . Canvass of votes by board -- procedures if all returns not received by time of canvass. (1) If all returns are in at the time of the meeting, the board of county canvassers shall immediately canvass the returns.

(2) If all returns are not received, the board shall postpone the canvass from day to day until all returns are received.

(3) If it appears to the board that the polls were not open in a precinct, the board shall certify this to the election administrator. The election administrator shall enter the certification in the minutes and in the record required by 13-15-404 .
Mont. Code Ann. § 13-16-301 — MT Code / Title 13 / Chapter 16 / Part 3 / Section 13-16-301
13-16-301 Application and court order for recount
Status: in_force

13-16-301 . Application and court order for recount. (1) (a) Within 5 days after the canvass of election returns, an unsuccessful candidate for any public office at an election may apply to the district court of the county where the election was held for an order directing the appropriate county or school recount board to make a recount of the votes cast in any or all of the precincts or the school district polling places. If the election was held in more than one county, the application must be made to the district court of the county where the candidate resides.

(b) Within 5 days after the canvass of election returns, an elector who was eligible to vote on the issue and who believes that there are grounds for a recount of the votes cast for and against a ballot issue may apply to the district court of the county where the elector resides for an order directing the appropriate county or school recount board to make a recount of the votes cast in any or all of the precincts or the school district polling places.

(2) The application must specify the grounds for a recount, and it must be verified by the applicant that the matters contained in it are true to the best of the applicant's knowledge, information, and belief.

(3) Within 5 days after filing of the application, the judge shall hear the application and determine its sufficiency.

(4) If the judge finds there is probable cause to believe that the votes cast for the applicant or the ballot issue were not correctly counted, the judge shall order the appropriate county or school recount board to assemble within 5 days after the order is issued at a time and place fixed by the order. The board shall meet and recount the ballots as specified in the order.
Mont. Code Ann. § 13-3-208 — MT Code / Title 13 / Chapter 3 / Part 2 / Section 13-3-208
13-3-208 Voter interface device availability
Status: in_force

13-3-208 . Voter interface device availability. (1) The intent of this section is to:

(a) ensure that disabled electors have access to voting technology that allows the electors to cast ballots independently, privately, and securely;

(b) provide that votes cast using accessible voting technology are collected and counted in a manner that preserves secrecy; and

(c) comply with applicable federal and state law concerning accessibility for disabled electors.

(2) (a) Except as provided in subsection (2)(c):

(i) the election administrator shall ensure that at least one voter interface device is available at each polling place; and

(ii) in a mail ballot election, the election administrator shall ensure that voter interface devices are available at locations appropriate to provide accessibility for disabled electors.

(b) Each voter interface device must be set up and located in a manner that allows any elector using the device to cast a ballot independently and privately, including the provision of accommodations to provide a physical barrier or other method to ensure that the screen of the device is blocked from the view of others.

(c) A voter interface device is not required:

(i) if there are fewer than 200 registered electors eligible to vote in the election; or

(ii) for an irrigation district election.

(3) Subject to subsection (4):

(a) votes on a ballot produced by a voter interface device may be counted manually or using an automatic tabulating system;

(b) ballots counted manually must be counted in accordance with 13-15-206 ; and

(c) if ballots produced by a voter interface device cannot be processed through an automatic tabulator used in the county and the election administrator does not provide for the ballots to be counted manually, the election administrator may provide for the votes on each ballot produced by the device to be transcribed to the standard ballot form used in the precinct so that the ballots may be processed through an automatic tabulator used in the county.

(4) (a) If the voter interface device produces a ballot form that is distinguishable from the standard ballot form used in the precinct, the county election administrator shall take measures to protect the secrecy of the votes cast by an elector using the device.

(b) Measures to ensure secrecy may provide that votes on a ballot produced by the voter interface device are transcribed to the standard ballot form used in the precinct so that the ballots are indistinguishable from and counted with the other ballots.

(c) Measures must also include encouraging a portion of the nondisabled electors to use the device to cast their ballot.

(5) Any transcription of votes conducted pursuant to this section must be conducted in secret by at least three election officials in substantially the same manner as provided for in 13-13-246 .
Mont. Code Ann. § 13-10-403 — MT Code / Title 13 / Chapter 10 / Part 4 / Section 13-10-403
13-10-403 Form of ballot
Status: in_force

13-10-403 . Form of ballot. The presidential preference ballot shall list all candidates nominated in accordance with the provisions of this part and shall, in addition, include a presidential ballot position which shall be designated as "no preference" and a blank write-in space.
Mont. Code Ann. § 13-27-504 — MT Code / Title 13 / Chapter 27 / Part 5 / Section 13-27-504
13-27-504 Copy of approved issues to be sent to legislative services division
Status: in_force

13-27-504 . Copy of approved issues to be sent to legislative services division. The secretary of state shall send a certified copy of all statewide ballot issues that have been approved by a majority of those voting on the issue and a copy of the statement of the canvass to the legislative services division at the same time that a certified copy of the statement of the canvass is transmitted to the governor.
Mont. Code Ann. § 13-14-116 — MT Code / Title 13 / Chapter 14 / Part 1 / Section 13-14-116
13-14-116 Counting and canvassing of nonpartisan ballots
Status: in_force

13-14-116 . Counting and canvassing of nonpartisan ballots. Nonpartisan ballots must be counted and canvassed as provided for in chapter 15.
Mont. Code Ann. § 13-1-203 — MT Code / Title 13 / Chapter 1 / Part 2 / Section 13-1-203
13-1-203 Secretary of state to advise, assist, and train
Status: in_force

13-1-203 . Secretary of state to advise, assist, and train. (1) The secretary of state shall advise and assist election administrators, including administrators of school elections under Title 20, chapter 20, with regard to:

(a) the application, operation, and interpretation of Title 13, except for chapter 35, 36, or 37;

(b) the implementation and operation of the National Voter Registration Act of 1993, Public Law 103-31, the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., the Voting Rights Act of 1965, 52 U.S.C 10101, et seq., the Voting Accessibility for the Elderly and Handicapped Act of 1984, 52 U.S.C. 20101, et seq., and the Help America Vote Act of 2002, Public Law 107-252; and

(c) the procedures adopted pursuant to 13-17-211 .

(2) The secretary of state shall prepare and distribute training materials for election judges to be trained pursuant to 13-4-203. Sufficient copies of the materials to supply all election judges in the county and to provide a small extra supply must be sent to each election administrator.

(3) (a) The secretary of state shall hold at least one training session every 2 years to instruct election administrators and their staffs on how to conduct and administer primary and general elections. The training must also include instruction on the use of the statewide voter registration system. The training may be held in various locations around the state. The training must also be offered online and through teleconferencing.

(b) Costs of the biennial training, including the materials, must be paid by the secretary of state.

(4) In addition to completing the biennial training under subsection (3), each election administrator shall complete 6 hours of election-related continuing education each year that is approved by the secretary of state. Costs for the continuing education must be paid by the counties.

(5) The secretary of state shall:

(a) certify for election administration purposes each election administrator who attends the biennial training and completes the required continuing education; and

(b) provide a certificate of completion to election staff who attend the biennial election training described in subsection (3).

(6) An election administrator may require that election staff complete the continuing education described in subsection (4) and provide a certificate of completion to staff who complete it.
Mont. Code Ann. § 13-2-117 — MT Code / Title 13 / Chapter 2 / Part 1 / Section 13-2-117
13-2-117 County governing body to provide election administrator with sufficient help
Status: in_force

13-2-117 . County governing body to provide election administrator with sufficient help. The county governing body must provide the election administrator with sufficient help for the duties imposed by this title. The cost of stationery, printing, publishing, and posting is a proper charge against the county.
Mont. Code Ann. § 13-1-403 — MT Code / Title 13 / Chapter 1 / Part 4 / Section 13-1-403
13-1-403 Election deadlines for candidate filing, write-in candidacy, and withdrawal -- election cancellation -- election by acclamation
Status: in_force

13-1-403 . Election deadlines for candidate filing, write-in candidacy, and withdrawal -- election cancellation -- election by acclamation. (1) Consistent with the candidate filing deadline in 13-10-201 (7) for primary elections and except as provided in subsection (2) for a write-in candidate, the candidate filing deadline for election to a local government office is no sooner than 105 days and no later than 90 days before the election.

(2) (a) A declaration of intent to be a write-in candidate must be filed with the election administrator by 5 p.m. on the 90th day before the date of the election.

(b) 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) Consistent with the withdrawal deadline in 13-10-325 for primary elections, a candidate may not withdraw after the candidate filing deadline provided in subsection (1).

(4) Except as provided in subsection (5)(b) and unless otherwise specifically provided by law, if the number of candidates filing for election is equal to or less than the number of positions to be filled, the election administrator shall notify the governing body of the local government in writing that the election is not necessary and the governing body may by resolution cancel the election.

(5) (a) If an election has been canceled and there is only one candidate for a position, the governing body of the local government shall declare the candidate elected to the position by acclamation.

(b) If an election has been canceled and there are no regular or declared write-in candidates for a position, the governing body of the local government shall fill the position by appointment. The term of an appointed member must be the same as if the member were elected.
Mont. Code Ann. § 13-27-406 — MT Code / Title 13 / Chapter 27 / Part 4 / Section 13-27-406
13-27-406 Limitation on length of argument -- time of filing
Status: in_force

13-27-406 . Limitation on length of argument -- time of filing. An argument advocating approval or rejection of a statewide ballot issue is limited to a single side of a single 7 1/2-inch by 10-inch page and must be filed, in a black-and-white, camera-ready format, with the secretary of state no later than 105 days before the election at which the issue will be voted on by the people. The argument must consist solely of written material prepared by the committee and may not consist of pictures, clippings, or other material. The written material must be prepared in the font and type style required by the secretary of state. With the goal of achieving readability and uniformity, the secretary of state shall prescribe a commonly used font and type style. A majority of the committee responsible for preparation shall approve and sign each argument filed. Separate signed letters of approval of an argument may be filed with the secretary of state by members of a committee if necessary to meet the filing deadline.
Mont. Code Ann. § 13-37-205 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-205
13-37-205 Campaign depositories
Status: in_force

13-37-205 . Campaign depositories. (1) Except as provided in 13-37-206 , each candidate, each political committee, and each joint fundraising committee shall designate one primary campaign depository for the purpose of depositing all contributions received and disbursing all expenditures made by the candidate or political committee.

(2) The candidate or political committee may also designate one secondary depository in each county in which an election is held and in which the candidate or committee participates. Deputy campaign treasurers may make deposits in and expenditures from secondary depositories when authorized to do so as provided in 13-37-202 (2).

(3) Only a bank, credit union, savings and loan association, or building and loan association authorized to transact business in Montana may be designated as a campaign depository.

(4) The candidate, political committee, or joint fundraising committee shall file the name and address of each designated primary and secondary depository at the same time and with the same officer with whom the candidate or committee files the name of the candidate's or committee's campaign treasurer pursuant to 13-37-201 .

(5) This section does not prevent a candidate, political committee, or joint fundraising committee from having more than one campaign account in the same depository, but a candidate may not utilize the candidate's regular or personal account in the depository as a campaign account.

(6) A candidate for the legislature may use the same account in a campaign depository for primary election contributions received and general election contributions received and is not required to segregate the funds if:

(a) the candidate maintains records concerning whether contributions received are designated for the primary election or the general election; and

(b) the balance in the account that contains commingled primary election funds and general election funds does not drop below the amount of general election contributions received until after the day of the primary election.
Mont. Code Ann. § 13-13-227 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-227
13-13-227 Oath of board members
Status: in_force

13-13-227 . Oath of board members. Before assuming any of the responsibilities under this part, each member of an absentee election board shall take and subscribe the official oath in the same manner as prescribed for an election judge in 13-4-105 .
Mont. Code Ann. § 13-13-229 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-229
13-13-229 Voting performed before absentee election board or authorized election official
Status: in_force

13-13-229 . Voting performed before absentee election board or authorized election official. (1) Pursuant to 13-13-212 (2), the elector may request that an absentee election board or an authorized election official personally deliver a ballot to the elector.

(2) The manner and procedure of voting by use of an absentee ballot under this section must be the same as provided in 13-13-201 , except that the elector shall hand the marked ballot in the sealed signature envelope to the absentee election board or authorized election official, and the board or official shall deliver the sealed signature envelope to the election administrator or to the election judges of the precinct in which the elector is registered.

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

(4) An elector who needs assistance in marking the elector's ballot because of a disability or inability to read or write may receive assistance from the elector's designated agent, as provided for in 13-1-116 , or from the absentee election board or authorized election official appointed to personally deliver the ballot. Any assistance given an elector pursuant to this section must be provided in substantially the same manner as required in 13-13-119 .
Mont. Code Ann. § 13-37-232 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-232
13-37-232 Disclosure requirements for incidental committees
Status: in_force

13-37-232 . Disclosure requirements for incidental committees. (1) A combination of two or more individuals or a person other than an individual that would otherwise qualify as an incidental committee but that receives less than $250 in contributions or that makes less than $250 in expenditures does not form a political committee and is not required to file as an incidental committee.

(2) The reports required under 13-37-225 through 13-37-227 from incidental committees must disclose the following information concerning contributions to the committee that are designated by the contributor for a specified candidate, ballot issue, or petition for nomination or that are made by the contributor in response to an appeal by the incidental committee for contributions to support incidental committee election activity, including in-kind expenditures, independent expenditures, election communications, or electioneering communications:

(a) except as provided in subsection (5), the full name, mailing address, occupation, and employer, if any, of each person who has made aggregate contributions during the reporting period for a specified candidate, ballot issue, or petition for nomination of $35 or more;

(b) for each person identified under subsection (2)(a), the aggregate amount of contributions made by that person for all reporting periods;

(c) except as provided in subsection (5), each loan received from any person during the reporting period for a specified candidate, ballot issue, or petition for nomination, 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;

(d) the amount and nature of debts and obligations owed to an incidental committee for a specified candidate, ballot issue, or petition for nomination in the form prescribed by the commissioner;

(e) an account of proceeds that total less than $35 per person from mass collections made at fundraising events sponsored by the incidental committee for a specified candidate, ballot issue, or petition for nomination; and

(f) the total sum of all contributions received by or designated for the incidental committee for a specified candidate, ballot issue, or petition for nomination during the reporting period.

(3) The reports required under 13-37-225 through 13-37-227 from incidental committees must disclose the following information concerning expenditures made:

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

(b) 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 during the reporting period, including the amount, date, and purpose of that expenditure and the total amount of expenditures made to each person;

(c) the total sum of expenditures made during the reporting period;

(d) the name and address of each political committee or candidate to which the reporting committee made any transfer of funds together with the amount and dates of all transfers;

(e) the name of any person to whom a loan was made during the reporting period, 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;

(f) the amount and nature of debts and obligations owed by a political committee in the form prescribed by the commissioner; and

(g) other information that may be required by the commissioner to fully disclose the disposition of funds used to make expenditures.

(4) Reports of expenditures made to a consultant, advertising agency, polling firm, or other person that performs services for or on behalf of an incidental committee must be itemized and described in sufficient detail to disclose the specific services performed by the entity to which payment or reimbursement was made.

(5) An incidental committee shall report an expenditure within 30 days of making the expenditure unless the expenditure is made during the time period described in 13-37-226 (2)(d).

(6) An incidental committee shall request the occupation and employer of a contributor or person who provided a loan to the incidental committee. If the contributor or person who provided a loan does not provide the requested information, the incidental committee is only required to report what is provided.

(7) An incidental committee that does not receive contributions for a specified candidate, ballot issue, or petition for nomination and that does not solicit contributions for incidental committee election activity, including in-kind expenditures, independent expenditures, election communications, or electioneering communications, is required to report only its expenditures.

(8) An individual who is not a Montana resident may sign the incidental committee report if the incidental committee is located outside of the state.
Mont. Code Ann. § 13-17-104 — MT Code / Title 13 / Chapter 17 / Part 1 / Section 13-17-104
13-17-104 Providing voting systems -- payment
Status: in_force

13-17-104 . Providing voting systems -- payment. (1) The county governing body may, as practicable, provide for the use of any voting system approved pursuant to 13-17-101 .

(2) Funds for voting systems may be provided by the same methods available for other capital equipment purchases by the county.

(3) The governing body of a county may put the question of purchasing voting systems or the question of which type of voting system to purchase to the registered electors of the county by the same method that any other question is referred to the electors.

(4) A county governing body may, in the manner provided in rules adopted under 13-17-107 , submit a voting system for consideration under 13-17-101 .
Mont. Code Ann. § 13-1-209 — MT Code / Title 13 / Chapter 1 / Part 2 / Section 13-1-209
13-1-209 Special account for federal Help America Vote Act
Status: in_force

13-1-209 . Special account for federal Help America Vote Act. (1) There is a federal special revenue account in the state treasury to the credit of the office of the secretary of state.

(2) Money provided to the state for the purposes of implementing provisions of Public Law 107-252, the Help America Vote Act of 2002, must be deposited in the account.

(3) Money in the account may be used only for the purposes specified by the federal law under which the money was provided.

(4) In accordance with 5-11-210 and by September 1 every year, the office of the secretary of state shall present a report to the state administration and veterans' affairs interim committee on how much money is received in the special account and how the funds are used.
Mont. Code Ann. § 13-19-204 — MT Code / Title 13 / Chapter 19 / Part 2 / Section 13-19-204
13-19-204 Objection of political subdivision
Status: in_force

13-19-204 . Objection of political subdivision. (1) A political subdivision may, by resolution of the governing body, object to the conduct of one of its elections under this chapter. The resolution must include a statement of the reasons for the objection.

(2) If the resolution is filed with the election administrator no later than 55 days prior to election day, the election may not be conducted by mail under this chapter.
Mont. Code Ann. § 13-19-106 — MT Code / Title 13 / Chapter 19 / Part 1 / Section 13-19-106
13-19-106 General requirements for mail ballot election
Status: in_force

13-19-106 . General requirements for mail ballot election. A mail ballot election must be conducted substantially as follows:

(1) Subject to 13-12-202 , official mail ballots must be prepared and all other initial procedures followed as provided by law, except that mail ballots must be paper ballots and are not required to have stubs.

(2) An official ballot must be mailed to every qualified elector of the political subdivision conducting the election.

(3) Each signature envelope must contain a form that is the same as the form for absentee ballot signature envelopes and that is prescribed by the secretary of state for the elector to verify the accuracy of the elector's address or notify the election administrator of the elector's correct mailing address and to return the corrected address with the voted ballot in the manner provided by 13-19-306 .

(4) The elector shall mark the ballot and place it in a secrecy envelope.

(5) (a) The elector shall then place the secrecy envelope containing the elector's ballot in a signature envelope and mail it or deliver it in person to a place of deposit designated by the election administrator.

(b) Except as provided in 13-21-206 and 13-21-226 , the voted ballot must be received before 8 p.m. on election day.

(6) Election officials shall first qualify the voted ballot by examining the signature envelope to determine whether it is submitted by a qualified elector who has not previously voted in the election.

(7) If the voted ballot qualifies and is otherwise valid, officials shall then open the signature envelope and remove the secrecy envelope, which must be deposited unopened in an official ballot box pursuant to the timeline specified in 13-13-241 (8).

(8) Except as provided in 13-19-312 , voted ballots must be counted and canvassed as provided in Title 13, chapter 15.
Mont. Code Ann. § 13-37-124 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-124
13-37-124 Consultation and cooperation with county attorney
Status: in_force

13-37-124 . Consultation and cooperation with county attorney. (1) Whenever the commissioner determines that there appears to be sufficient evidence to justify a civil or criminal prosecution under chapter 35 of this title or this chapter, the commissioner shall notify the county attorney of the county in which the alleged violation occurred and shall arrange to transmit to the county attorney all information relevant to the alleged violation. If the county attorney fails to initiate the appropriate civil or criminal action within 30 days after receiving notification of the alleged violation, the commissioner may then initiate the appropriate legal action.

(2) A county attorney may, at any time prior to the expiration of the 30-day time period specified in subsection (1), waive the right to prosecute, and the waiver authorizes the commissioner to initiate the appropriate civil or criminal action.

(3) The provisions of subsection (1) do not apply to a situation in which the alleged violation has been committed by the county attorney of a county. In this instance, the commissioner is authorized to directly prosecute any alleged violation of chapter 35 of this title or this chapter.

(4) If a prosecution is undertaken by the commissioner, all court costs associated with the prosecution must be paid by the state of Montana, and all fines and forfeitures imposed pursuant to a prosecution by the commissioner, except those paid to or imposed by a justice's court, must be deposited in the state general fund.
Mont. Code Ann. § 13-37-234 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-234
13-37-234 Religious organization exemptions to be broadly construed
Status: in_force

13-37-234 . Religious organization exemptions to be broadly construed. Pursuant to the first amendment to the United States constitution and to ensure the consistent application of the law, the commissioner shall broadly construe the exemptions concerning religious organizations provided in 13-1-101 (12)(b)(iv), (18)(b)(v), (22)(b)(v), and (24)(b)(vi).
Mont. Code Ann. § 13-26-107 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-107
13-26-107 Operation of the convention
Status: in_force

13-26-107 . Operation of the convention. A majority of the total number of delegates constitutes a quorum. The convention:

(1) may choose a president, secretary, and other necessary officers;

(2) may make rules governing the procedure of the convention; and

(3) shall judge the qualifications and election of its members.
Mont. Code Ann. § 13-37-132 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-132
13-37-132 Campaign finance complaint response
Status: in_force

13-37-132 . Campaign finance complaint response. A written response to a complaint alleging a violation of Title 13, chapter 37, part 2, must be posted on the commissioner's website. The commissioner may specify a deadline for the written response by the person who is the subject of the campaign finance complaint.
Mont. Code Ann. § 13-2-512 — MT Code / Title 13 / Chapter 2 / Part 5 / Section 13-2-512
13-2-512 Right to vote when precinct or name changed -- change of status
Status: in_force

13-2-512 . Right to vote when precinct or name changed -- change of status. (1) An elector who has changed residence to a different precinct within the same county and has failed to notify the election administrator of the change by a new registration form may vote at the polling place or by absentee or mail ballot in the precinct where the elector is registered at the first election at which the elector offers to vote after the change or at a central location designated by the election administrator unless the elector's registration has been canceled as provided in 13-2-402 .

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

(3) The elector shall state the elector's correct residence address and name when offering to vote and shall complete a new registration form to make the necessary correction before being allowed to vote in a polling place election or by absentee or mail ballot.
Mont. Code Ann. § 13-27-220 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-220
13-27-220 Statewide referendum referred by legislature -- process and procedure
Status: in_force

13-27-220 . Statewide referendum referred by legislature -- process and procedure. (1) A statewide referendum referred to a vote of the people by the legislature must comply with the requirements of 5-4-102 .

(2) The secretary of state shall transmit a statewide referendum proposed by the legislature to the attorney general according to the requirements of 13-27-246 .

(3) (a) On receipt from the secretary of state of a statewide referendum referred to a vote of the people by the legislature, the attorney general shall prepare and forward to the secretary of state, within 30 days, ballot statements that comply with 13-27-212 and 13-27-213 , except that the attorney general may not prepare a statement of purpose and implication if the statement has been provided by the legislature.

(b) When preparing a ballot statement pursuant to this section, the attorney general shall endeavor to seek out parties on both sides of the issue and obtain their advice.
Mont. Code Ann. § 13-2-206 — MT Code / Title 13 / Chapter 2 / Part 2 / Section 13-2-206
13-2-206 Citizenship requirements
Status: in_force

13-2-206 . Citizenship requirements. (1) A person may not be permitted to register until the person attains United States citizenship.

(2) Illegal aliens are prohibited from voting in the state of Montana.
Mont. Code Ann. § 13-13-212 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-212
13-13-212 Application for absentee ballot -- special provisions -- absentee ballot list for subsequent elections
Status: in_force

13-13-212 . Application for absentee ballot -- special provisions -- absentee ballot list for subsequent elections. (1) (a) Except as provided in subsection (1)(b), an elector may apply for an absentee ballot by using a standard application form provided by rule by the secretary of state pursuant to 13-1-210 or by making a written request, which must include the applicant's birth date and must be signed by the applicant. The request must be submitted to the election administrator of the applicant's county of residence within the time period specified in 13-13-211 .

(b) A person who holds a power of attorney from a uniformed-service voter may apply for an absentee ballot for that election on behalf of the uniformed-service voter. The applicant shall provide a copy of the power of attorney authorizing the request for an absentee ballot along with the application.

(2) (a) If an elector requests an absentee ballot because of a sudden illness or health emergency, the application for an absentee ballot may be made by written request signed by the elector at the time that the ballot is delivered in person by the absentee election board or by an authorized election official as provided in 13-13-225 .

(b) The elector may request by telephone, facsimile transmission, or other means to have a ballot and application personally delivered by the absentee election board or by an authorized election official at the elector's place of confinement, hospitalization, or residence within the county.

(c) A request under subsection (2)(a) must be received by the election administrator within the time period specified in 13-13-211 (2).

(3) An elector may, at any time, request to be mailed an absentee ballot for each subsequent election in which the elector is eligible to vote, as long as the elector remains qualified to vote and remains at the address provided in the initial absentee ballot application. The request may be made when the individual applies for voter registration using the standard application form provided for in 13-1-210 .

(4) (a) An elector on the active list who has requested to be on the absentee ballot list and who has not filed a change of address with the U.S. postal service must continue to receive an absentee ballot for each subsequent election.

(b) (i) The election administrator shall biennially mail a forwardable address confirmation form to each elector who is listed in the national change of address system of the U.S. postal service as having changed the elector's address.

(ii) The address confirmation form must request the elector's driver's license number or the last four digits of the elector's social security number. The address confirmation form must include an e-mail address for the election administrator that can be used by the elector to confirm that the elector wishes to continue to receive an absentee ballot and to provide the requested information. The address confirmation form must be mailed in January of every even-numbered year. The address confirmation form is for elections to be held between February 1 following the mailing through January of the next even-numbered year.

(iii) An election administrator may provide a website on which the elector can provide the required information to confirm that the elector wishes to remain on the absentee ballot list.

(iv) If the elector is providing confirmation using the address confirmation form, the elector shall sign the form, indicate the address to which the absentee ballot should be sent, provide the elector's driver's license number or the last four digits of the elector's social security number, and return the form to the election administrator.

(v) The elector may provide the required information to the election administrator using:

(A) the e-mail address provided on the form; or

(B) a website established by the election administrator.

(vi) The elector does not need to provide a signature when using either option provided in subsection (4)(b)(v) to confirm that the elector wishes to remain on the absentee ballot list.

(vii) If the form is not completed and returned or if the elector does not respond using the options provided in subsection (4)(b)(v), the election administrator shall remove the elector from the absentee ballot list.

(c) An elector may request to be removed from the absentee ballot list for subsequent elections by notifying the election administrator in writing.

(d) An elector who has been or who requests to be removed from the absentee ballot list may subsequently request to be mailed an absentee ballot for each subsequent election.

(5) In a mail ballot election, ballots must be sent under mail ballot procedures rather than under the absentee ballot procedures set forth in this section.

(6) An elector on the inactive voter list may not receive a ballot until the elector reactivates the elector's registration as provided in 13-2-222 .
Mont. Code Ann. § 13-10-311 — MT Code / Title 13 / Chapter 10 / Part 3 / Section 13-10-311
13-10-311 Election judges' duties when preparing for count
Status: in_force

13-10-311 . Election judges' duties when preparing for count. (1) Except as otherwise provided in this section, election judges at the primary election shall prepare for a count of votes in the manner prescribed in 13-15-201 .

(2) In preparing for a count, the election judges shall:

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

(b) list each party's candidates separately in the tally books; and

(c) bundle the voted ballots for each party separately for return to the election administrator. The unvoted ballots must be bundled in accordance with rules established pursuant to 13-12-202 .

(3) In counties where ballots are solely counted by hand, election judges shall separate the ballots for each political party and count each party's ballots separately.
Mont. Code Ann. § 13-36-204 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-204
13-36-204 Bond required
Status: in_force

13-36-204 . Bond required. Before any proceeding on the petition, the petitioner shall give bond to the state in a sum that the court may order, not exceeding $2,000, with not less than two sureties, who shall justify in the manner required of sureties on bail bonds, conditioned to pay all costs, disbursements, and attorney fees that may be awarded against the petitioner if the petitioner does not prevail.
Mont. Code Ann. § 13-16-502 — MT Code / Title 13 / Chapter 16 / Part 5 / Section 13-16-502
13-16-502 Tie vote in election for United States congress
Status: in_force

13-16-502 . Tie vote in election for United States congress. If there is a tie vote for United States representative or senator, the secretary of state shall send a certified statement to the governor showing the votes cast and the governor shall order a special election.
Mont. Code Ann. § 13-2-220 — MT Code / Title 13 / Chapter 2 / Part 2 / Section 13-2-220
13-2-220 Maintenance of active and inactive voter registration lists for elections -- rules by secretary of state
Status: in_force

13-2-220 . Maintenance of active and inactive voter registration lists for elections -- rules by secretary of state. (1) The rules adopted by the secretary of state under 13-2-108 must include the following procedures, at least one of which an election administrator shall follow annually:

(a) compare the entire list of registered electors, including electors on the absentee ballot list, against the national change of address files and provide appropriate confirmation notice to those individuals whose addresses have apparently changed;

(b) mail a nonforwardable, first-class, "return if undeliverable--address correction requested" notice to all registered electors, including electors on the absentee ballot list, of each jurisdiction to confirm their addresses and provide the appropriate confirmation notice to those individuals who return the notices;

(c) mail a targeted mailing to electors, including electors on the absentee ballot list, who failed to vote in the preceding federal general election and to applicants who failed to provide required information on registration forms by:

(i) sending the list of nonvoters a nonforwardable notice, followed by the appropriate forwardable confirmation notice to those electors who appear to have moved from their addresses of record;

(ii) comparing the list of nonvoters against the national change of address files, followed by the appropriate confirmation notices to those electors who appear to have moved from their addresses of record;

(iii) sending forwardable confirmation notices; or

(iv) making a door-to-door canvass.

(2) (a) Any notices returned as undeliverable to the election administrator or any notices to which the elector fails to respond after the election administrator uses the procedures provided in subsection (1) must be followed within 30 days by an appropriate confirmation notice that is a forwardable, first-class, postage-paid, self-addressed, return notice.

(b) If the elector fails to respond within 30 days of the final confirmation notice, after the 30th day, the election administrator shall move the elector to the inactive list and work with the secretary of state's office and the motor vehicle division in the department of justice to verify the elector's address.

(c) If the election administrator is not able to verify the elector's address, the elector must be placed on the inactive list until they follow the procedure in 13-2-222 or 13-2-304 , as applicable.

(3) A procedure used by an election administrator pursuant to this section must be completed at least 90 days before a primary or general election for federal office.

(4) An elector's registration may be reactivated pursuant to 13-2-222 or may be canceled pursuant to 13-2-402 .

(5) The secretary of state shall adopt rules to maintain applicants, including removing provisionally registered electors.
Mont. Code Ann. § 13-19-105 — MT Code / Title 13 / Chapter 19 / Part 1 / Section 13-19-105
13-19-105 Role of secretary of state
Status: in_force

13-19-105 . Role of secretary of state. In addition to other powers and duties conveyed by law, the secretary of state, with advice from election administrators, shall:

(1) prescribe the form of materials to be used in the conduct of mail ballot elections; and

(2) adopt rules consistent with this chapter to:

(a) establish and maintain uniformity in the conduct of mail ballot elections; and

(b) establish procedures for the conduct of mail ballot elections that, when implemented by the election administrator:

(i) prevent fraud;

(ii) ensure the accurate handling and canvassing of mail ballots; and

(iii) ensure that the secrecy of voted ballots is maintained.
Mont. Code Ann. § 13-1-103 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-103
13-1-103 Determination of winner
Status: in_force

13-1-103 . Determination of winner. The individual receiving the highest number of valid votes for any office at an election is elected or nominated to that office.
Mont. Code Ann. § 13-25-309 — MT Code / Title 13 / Chapter 25 / Part 3 / Section 13-25-309
13-25-309 Uniformity of application and construction
Status: in_force

13-25-309 . Uniformity of application and construction. In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Mont. Code Ann. § 13-28-204 — MT Code / Title 13 / Chapter 28 / Part 2 / Section 13-28-204
13-28-204 Petition signatures
Status: in_force

13-28-204 . Petition signatures. (1) A petition approved as to form may not be circulated for the purpose of signature gathering more than 1 year prior to the final date for filing the signed petition with the county election administrator.

(2) A local government petition may be signed only by a qualified elector of the local government.

(3) A person gathering signatures for a petition may not be paid anything of value based on the number of signatures gathered.

(4) Signatures may be withdrawn from a petition up to the time of final submission of petition sheets.

(5) Signatures must be verified in the manner provided in 13-27-103 .
Mont. Code Ann. § 13-1-115 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-115
13-1-115 Privilege from arrest
Status: in_force

13-1-115 . Privilege from arrest. Electors may not be arrested during their attendance at elections and in going to and from voting places in polling place elections and to and from places of deposit in mail ballot elections, except in cases of treason, felony, or breach of the peace.
Mont. Code Ann. § 13-26-103 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-103
13-26-103 Nomination of delegates
Status: in_force

13-26-103 . Nomination of delegates. (1) Nominations for the office of delegate must be made:

(a) by petition signed by not less than 100 voters of the district;

(b) without political designation; and

(c) as "in favor of" or "opposed to" ratification of the proposed amendment.

(2) Petitions and acceptances must be filed not less than 85 days prior to the election.
Mont. Code Ann. § 13-35-302 — MT Code / Title 13 / Chapter 35 / Part 3 / Section 13-35-302
13-35-302 Candidates to be given opportunity to subscribe to campaign practices code
Status: in_force

13-35-302 . Candidates to be given opportunity to subscribe to campaign practices code. (1) The commissioner of political practices shall prepare a form that sets forth the code of fair campaign practices provided for in 13-35-301 and a place for a candidate to sign the form and to indicate that the candidate endorses, subscribes to, and pledges to abide by the code.

(2) The commissioner shall send a copy of the form to each candidate required to file reports or other information with the commissioner. Signing the form is voluntary, and a failure or refusal to sign is not a violation of the election laws. A form must be sent for each election as soon as feasible. The signed form must be returned to the commissioner.

(3) Any candidate not required to file with the commissioner but wishing to subscribe to the code may obtain the form from the commissioner and may sign the form and deliver it to the commissioner.
Mont. Code Ann. § 13-16-411 — MT Code / Title 13 / Chapter 16 / Part 4 / Section 13-16-411
13-16-411 Individuals entitled to appear at recount
Status: in_force

13-16-411 . Individuals entitled to appear at recount. (1) Representatives of the news media may be present at the recount. The recount must be public, but the audience may be limited to prevent interference with the procedures.

(2) Each candidate involved in a recount may appear, personally or by representative, and must have full opportunity to witness the entire recount process.

(3) If the recount is on a ballot issue, one qualified elector favoring each side of the question may be present.
Mont. Code Ann. § 13-13-270 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-270
13-13-270 Absentee voting provisions for United States electors supersede
Status: in_force

13-13-270 . Absentee voting provisions for United States electors supersede. A provision of this chapter may not be interpreted to conflict with Title 13, chapter 21.
Mont. Code Ann. § 13-1-108 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-108
13-1-108 Notice of political subdivision elections
Status: in_force

13-1-108 . Notice of political subdivision elections. (1) Except as otherwise provided in this section, an election administrator conducting a political subdivision election shall give notice of the election at least three times no earlier than 40 days and no later than 10 days before the election. The notice must be published in a newspaper of general circulation in the jurisdiction where the election will be held or by broadcasting the notice on radio or television as provided in 2-3-105 through 2-3-107 . The notice must be given using the method the election administrator believes is best suited to reach the largest number of potential electors. The provisions of this subsection are fulfilled upon the third publication or broadcast of the notice.

(2) If the newspaper of general circulation within a political subdivision is a weekly newspaper, the notice may be published only two times and the notice requirements are fulfilled upon the second publication of the notice.

(3) With respect to an election on the creation or dissolution of a special purpose district or the alteration of a special purpose district's boundaries, the notice must include a specific description of the proposed boundaries or the proposed change to the boundaries.
Mont. Code Ann. § 13-26-110 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-110
13-26-110 Qualifications of petitioners and electors
Status: in_force

13-26-110 . Qualifications of petitioners and electors. Persons entitled to petition for nomination and vote at the election are determined by the laws on registration.
Mont. Code Ann. § 13-36-209 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-209
13-36-209 Forfeiture of nomination or office for violation of law -- when inappropriate
Status: in_force

13-36-209 . Forfeiture of nomination or office for violation of law -- when inappropriate. Upon the trial of any action or proceeding under the provisions of this title to contest the right of any person to be declared nominated or elected to any office or to annul or set aside a nomination or election or to remove a person from office, the nomination or election of the candidate is not by reason of the offense or omission complained of void and the candidate may not be removed from or deprived of office if under the circumstances it seems to the court to be unjust that the candidate forfeit a nomination or office or be deprived of any office of which the candidate is the incumbent. The decision of the court must be based upon the following:

(1) it appears from the evidence that the offense complained of was not committed by the candidate or with the candidate's knowledge or consent or was committed without the candidate's sanction or connivance and that all reasonable means for preventing the commission of the offense at the election were taken by and on behalf of the candidate;

(2) the offense or offenses complained of were trivial, unimportant, and limited in character and in all other respects the candidate's participation in the election was free from offenses or illegal acts; or

(3) any act or omission of the candidate arose from inadvertence or from accidental miscalculation or from some other reasonable cause of a like nature and in any case did not arise from any lack of good faith.
Mont. Code Ann. § 13-35-503 — MT Code / Title 13 / Chapter 35 / Part 5 / Section 13-35-503
13-35-503 Policy
Status: in_force

13-35-503 . Policy. (1) It is policy of the state of Montana that each elected and appointed official in Montana, whether acting on a state or federal level, advance the philosophy that corporations are not human beings with constitutional rights and that each such elected and appointed official is charged to act to prohibit, whenever possible, corporations from making contributions to or expenditures on the campaigns of candidates or ballot issues. As part of this policy, each such elected and appointed official in Montana is charged to promote actions that accomplish a level playing field in election spending.

(2) When carrying out the policy under subsection (1), Montana's elected and appointed officials are generally directed as follows:

(a) that the people of Montana regard money as property, not speech;

(b) that the people of Montana regard the rights under the United States Constitution as rights of human beings, not rights of corporations;

(c) that the people of Montana regard the immense aggregation of wealth that is accumulated by corporations using advantages provided by the government to be corrosive and distorting when used to advance the political interests of corporations;

(d) that the people of Montana intend that there should be a level playing field in campaign spending that allows all individuals, regardless of wealth, to express their views to one another and their government; and

(e) that the people of Montana intend that a level playing field in campaign spending includes limits on overall campaign expenditures and limits on large contributions to or expenditures for the benefit of any campaign by any source, including corporations, individuals, or political committees.
Mont. Code Ann. § 13-21-221 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-221
13-21-221 Methods of registering to vote
Status: in_force

13-21-221 . Methods of registering to vote. (1) To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application or the application's electronic equivalent.

(2) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot.

(3) The secretary of state shall ensure that the electronic transmission system described in 13-21-106 (3) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official. The voter may use the electronic transmission system when available or any other approved method to register to vote.
Mont. Code Ann. § 13-27-240 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-240
13-27-240 Petition for statutory referendum
Status: in_force

13-27-240 . Petition for statutory referendum. (1) The following is substantially the form for a petition calling for approval or rejection of an act of the legislature by statutory referendum:

PETITION TO PLACE REFERENDUM NO.____ ON THE ELECTION BALLOT

(a) If 5% of the voters in each of 34 legislative representative districts sign this petition and the total number of voters signing the petition is ____, Senate (House) Bill Number ____ will appear on the next general election ballot. If a majority of voters vote for this referendum at that election it will become law.

(b) We, the undersigned Montana voters, propose that the secretary of state place the following Senate (House) Bill Number ____, passed by the legislature on ____________ on the next general election ballot:

(Title of referendum written 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 referendum, which appears (on the reverse side of, attached to, etc., as applicable) this sheet. A signature on this petition is only to put the referendum on the ballot and does not necessarily mean the signer agrees with the referendum.

(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.

(2) Numbered lines must follow the heading. Each numbered line must contain spaces for the signature, date, residence address, legislative representative district number, and printed last name and first and middle initials of the signer. In place of a residence address, the signer may provide the signer's post-office address or the signer's home telephone number. An address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter registration form may not be used as the only means to disqualify the signature of that petition signer.
Mont. Code Ann. § 13-21-226 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-226
13-21-226 Receipt of voted ballot
Status: in_force

13-21-226 . Receipt of voted ballot. (1) A valid military-overseas ballot must be counted if it is received by 8 p.m. on election day or by 5 p.m. on the day after election day if transmitted electronically by 8 p.m. on election day.

(2) Voted ballots transmitted electronically by 8 p.m. on election day and received by 5 p.m. on the day after election day must be counted at the same time as provisional ballots are counted.
Mont. Code Ann. § 13-15-101 — MT Code / Title 13 / Chapter 15 / Part 1 / Section 13-15-101
13-15-101 Votes to be publicly counted -- return forms
Status: in_force

13-15-101 . Votes to be publicly counted -- return forms. (1) (a) Any official vote count must be open to public observation, including but not limited to resolution and counting areas.

(b) Counties that perform tabulation using a vote-counting machine on the day prior to the election shall continue until all available ballots that can be legally counted have been tabulated or 5 p.m., whichever is earlier. The results of the tabulation may not be made publicly available until after the close of polls on election day and only after all voters have completed voting on election day in the county.

(c) (i) On election day, tabulation must begin and continue without adjournment until all available ballots that can be legally counted have been tabulated except pending unresolved resolution board ballots, provisional ballots, or military overseas ballots.

(ii) Immediately once all voters in a county have completed voting on election day, but no earlier than 8 p.m., the election administrator in the county shall provide the initial results to the public and continue to provide updated results at least once every 3 hours until completion. However, if the election is for at least one statewide race or statewide ballot issue, the election administrator's public reporting of any results must first be provided to the secretary of state's election night reporting system.

(iii) All documents must be secured, with no person allowed access outside regular business hours.

(d) (i) A county that performs tabulation pursuant to 13-15-107 , 13-21-206 , or 13-21-226 shall continue without adjournment until all available ballots that can be legally counted have been tabulated.

(ii) Once tabulation has been completed, the results must be immediately publicly declared. However, if the election is for at least one statewide race or statewide ballot issue, the election administrator's public reporting of the results must first be provided to the secretary of state's election night reporting system.

(2) Immediately after all the ballots are counted by precinct, the election judges shall copy the total votes cast for each candidate and for and against each proposition on the return forms furnished by the election administrator.

(3) The election judges shall immediately display one of the return forms at the place of counting and return a copy to the election administrator. Both forms must be signed by all the election judges completing the count.

(4) The secretary of state may adopt rules providing for notifications to the secretary of state concerning vote total updates or associated delays during the counting of votes, including the prioritization of reporting results through the state's election night reporting system, but the rules may not require more frequent reporting of votes counted than otherwise provided in this section.
Mont. Code Ann. § 13-21-106 — MT Code / Title 13 / Chapter 21 / Part 1 / Section 13-21-106
13-21-106 Role of secretary of state
Status: in_force

13-21-106 . Role of secretary of state. (1) The secretary of state is the state official responsible for implementing the provisions of this chapter and the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301, et seq.

(2) The secretary of state shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots. The secretary of state may delegate the responsibility under this subsection only to the state office designated in compliance with section 102(b)(1) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20302(b)(1).

(3) (a) The secretary of state shall establish an electronic transmission systemin accordance with 13-21-104 that must be available at least 45 days before a covered election or any other approved method through which a covered voter may electronically apply for, receive, and return voter registration materials, military-overseas ballots, and other information under this chapter.

(b) If required identification is included, materials submitted through the electronic transmission system are not required to be signed.
Mont. Code Ann. § 13-28-104 — MT Code / Title 13 / Chapter 28 / Part 1 / Section 13-28-104
13-28-104 Effective date of local government ballot issue
Status: in_force

13-28-104 . Effective date of local government ballot issue. If a majority of people voting on the question of a local government ballot issue conducted pursuant to this chapter approve the proposal, the local government ballot issue becomes effective when the election results are officially declared, unless otherwise stated in the proposal.
Mont. Code Ann. § 13-21-102 — MT Code / Title 13 / Chapter 21 / Part 1 / Section 13-21-102
13-21-102 Definitions
Status: in_force

13-21-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Covered voter" means:

(a) a uniformed-service voter or an overseas voter who is registered to vote in Montana;

(b) a uniformed-service voter whose voting residence is in Montana and who otherwise satisfies Montana's voter eligibility requirements;

(c) an overseas voter who, before leaving the United States, was last eligible to vote in Montana and, except for a state residency requirement, otherwise satisfies Montana's voter eligibility requirements;

(d) an overseas voter who, before leaving the United States, would have been last eligible to vote in Montana had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies Montana's voter eligibility requirements.

(2) "Dependent" means an individual recognized as a dependent by a uniformed service.

(3) "Digital signature" means the certificate-based digital identification code issued to qualified personnel by the U.S. department of defense as part of the common access card or its successor.

(4) "Federal postcard application" means the application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301(b)(2).

(5) "Federal write-in absentee ballot" means the ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20303.

(6) "Military-overseas ballot" means:

(a) a federal write-in absentee ballot;

(b) an absentee ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or

(c) a ballot cast by a covered voter in accordance with this chapter.

(7) "Overseas voter" means a United States citizen who resides outside the United States who would otherwise be qualified to vote in the last place in which the person was domiciled before leaving the United States.

(8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(9) "Uniformed service" means:

(a) active and reserve components of the army, marine corps, navy, air force, space force, or coast guard of the United States;

(b) the merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States; or

(c) the national guard and state militia.

(10) "Uniformed-service voter" means an individual who is qualified to vote and is:

(a) a member of the active or reserve components of the army, marine corps, navy, air force, space force, or coast guard of the United States who is on active duty;

(b) a member of the merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States;

(c) a member of the national guard or state militia in activated status; or

(d) a spouse or dependent of a member referred to in this subsection (10).

(11) "United States", used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

(12) "Voter registration application" means the form approved by the secretary of state that an elector may use to register to vote in Montana.
Mont. Code Ann. § 13-2-511 — MT Code / Title 13 / Chapter 2 / Part 5 / Section 13-2-511
13-2-511 Change of residence or name
Status: in_force

13-2-511 . Change of residence or name. An elector shall notify the election administrator in a written communication signed by the elector of a change in residence within the county or a change in name.
Mont. Code Ann. § 13-2-116 — MT Code / Title 13 / Chapter 2 / Part 1 / Section 13-2-116
13-2-116 Precinct register
Status: in_force

13-2-116 . Precinct register. (1) Except for mail ballot elections conducted under Title 13, chapter 19, the election administrator shall prepare from the certified statewide voter registration list a precinct register for each precinct in the county for use by the election judges. The register may be prepared no sooner than the Friday before each election and must contain an alphabetical list of the names, with addresses, of the legally registered electors and provisionally registered electors, a space for the signature of the elector, and other information as prescribed by the secretary of state.

(2) If some of the electors in a precinct are not eligible to receive all ballots at an election because of a combination of the elections of more than one political subdivision, the election administrator shall distinguish the names of those eligible for each ballot by whatever method will be clear and efficient.

(3) When several precincts have been combined at one polling place for an election, the election administrator may combine the electors from all precincts into one register or may provide separate registers for each precinct.

(4) Precinct registers need not be printed if the election will not be held.
Mont. Code Ann. § 13-1-202 — MT Code / Title 13 / Chapter 1 / Part 2 / Section 13-1-202
13-1-202 Forms and rules prescribed by secretary of state -- consultation
Status: in_force

13-1-202 . Forms and rules prescribed by secretary of state -- consultation. (1) In carrying out the responsibilities under 13-1-201 , the secretary of state shall prepare and deliver to the election administrators:

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

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

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

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

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

(4) Each election administrator shall provide data to the secretary of state that the secretary of state determines is necessary to:

(a) evaluate voting system performance against the benchmark standard adopted pursuant to 13-17-103 ;

(b) evaluate the security, accuracy, and accessibility of elections; and

(c) assist the secretary of state in making recommendations to improve voter confidence in the integrity of the election process.

(5) The secretary of state shall regularly consult with and seek the advice of local election administrators in implementing the provisions of this section.
Mont. Code Ann. § 13-10-604 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-604
13-10-604 Nominations for minor parties
Status: in_force

13-10-604 . Nominations for minor parties. Any political party that does not qualify under the provisions of 13-10-601 may make nominations for public office as provided in 13-10-501 through 13-10-505 .
Mont. Code Ann. § 13-14-115 — MT Code / Title 13 / Chapter 14 / Part 1 / Section 13-14-115
13-14-115 Preparation and distribution of nonpartisan primary ballots -- determination on conducting primary
Status: in_force

13-14-115 . Preparation and distribution of nonpartisan primary ballots -- determination on conducting primary. (1) The election administrators shall arrange, prepare, and distribute primary ballots for nonpartisan offices, designated "nonpartisan primary ballots". The ballots must be arranged and prepared as provided in 13-10-209 and be without political designation.

(2) (a) Except as provided in subsection (2)(b), the election administrator of a political subdivision may determine that a local nonpartisan portion of a primary election need not be held if:

(i) the number of candidates for an office exceeds three times the number to be elected to that office in no more than one-half of the offices on the ballot; and

(ii) the number of candidates in excess of three times the number to be elected is not more than one for any office on the ballot.

(b) The election administrator may determine that a primary election for a nonpartisan county office need not be held if fewer than three candidates have filed for that office.

(c) If the election administrator determines that a primary election must be held pursuant to subsection (2)(a) or (2)(b), the election administrator shall conduct the primary election only for the nonpartisan offices that have a sufficient number of candidates that have filed to be elected to that office.

(d) If the election administrator determines that a primary election need not be held pursuant to subsection (2)(a), (2)(b), or (2)(c) for a nonpartisan office, the administrator shall give notice to the governing body that a primary election will not be held for that office.

(3) The governing body may require that a primary election be held for a nonpartisan office if it passes a resolution not more than 10 days after the close of filing by candidates for election stating that a primary election must be held for that office.
Mont. Code Ann. § 13-4-103 — MT Code / Title 13 / Chapter 4 / Part 1 / Section 13-4-103
13-4-103 Judges to serve until others appointed
Status: in_force

13-4-103 . Judges to serve until others appointed. The election judges continue to be judges of all elections held in their county until other judges are appointed.
Mont. Code Ann. § 13-15-405 — MT Code / Title 13 / Chapter 15 / Part 4 / Section 13-15-405
13-15-405 Declaration or certification of results
Status: in_force

13-15-405 . Declaration or certification of results. (1) The board shall declare nominated or elected the individuals having the highest number of votes cast for each county and precinct office, except as provided in 13-10-204 .

(2) The board shall proclaim the adoption or rejection of a county ballot issue.

(3) The board shall certify the results of the canvass of votes cast for individuals for political subdivision offices and for and against political subdivision ballot issues to the governing body of each political subdivision participating in the election.

(4) If there is a tie vote for a county office, an office of a political subdivision wholly within the county, a precinct office, or a ballot issue voted on only in that county or portion of that county, the board shall certify the vote to the election administrator.

(5) The board shall certify the results of the canvass of votes cast for justice of the peace, city judge, and municipal court judge to the supreme court in order to ensure compliance with 3-1-1502 or 3-1-1503 .
Mont. Code Ann. § 13-37-606 — MT Code / Title 13 / Chapter 37 / Part 6 / Section 13-37-606
13-37-606 Forms
Status: in_force

13-37-606 . Forms. The commissioner shall prescribe reporting forms required for submissions under this part.
Mont. Code Ann. § 13-27-402 — MT Code / Title 13 / Chapter 27 / Part 4 / Section 13-27-402
13-27-402 Committees to prepare arguments for and against statewide ballot issues
Status: in_force

13-27-402 . Committees to prepare arguments for and against statewide ballot issues. (1) The arguments advocating approval or rejection of the statewide ballot issue and rebuttal arguments must be submitted to the secretary of state by committees appointed as provided in this section.

(2) (a) The committee advocating approval of a legislative act referred to the people in a legislative referendum, a statutory referendum, a constitutional referendum, or a constitutional convention referendum must be composed of:

(i) one senator known to favor the referred statewide ballot issue, appointed by the president of the senate;

(ii) one representative known to favor the referred statewide ballot issue, appointed by the speaker of the house of representatives; and

(iii) one individual who need not be a member of the legislature, appointed by the first two members.

(b) The president of the senate or the speaker of the house shall appoint the primary bill sponsor to the committee advocating approval of a legislative act referred to the people in a legislative referendum, a constitutional referendum, or a constitutional convention referendum under subsection (2)(a)(i) or (2)(a)(ii), depending on the legislative body in which the bill originated. However, if the primary bill sponsor is unable to perform the duties required by this part due to death, illness, absence, or incapacity or if the primary bill sponsor otherwise declines to participate as a committee member, the president of the senate or the speaker of the house, whichever would have otherwise appointed the primary bill sponsor, shall immediately appoint a replacement pursuant to subsection (2)(a)(i) or (2)(a)(ii) of this section by the deadline established in 13-27-403 (1).

(3) (a) The committee advocating rejection of an act referred to the people in a legislative referendum, a constitutional referendum, or a constitutional convention referendum must be composed of:

(i) one senator appointed by the president of the senate;

(ii) one representative appointed by the speaker of the house of representatives; and

(iii) one individual who need not be a member of the legislature, appointed by the first two members.

(b) Whenever possible, the members must be known to have opposed the issue.

(4) The following must be three-member committees and must be appointed by the person submitting the statewide ballot issue to the secretary of state under the provisions of 13-27-216 , 13-27-217 , 13-27-218 , or 13-27-219 :

(a) the committee advocating approval of a ballot issue proposed by statutory initiative, constitutional initiative, or constitutional convention initiative; and

(b) the committee advocating rejection of a legislative act referred to the people in a statutory referendum.

(5) A committee advocating rejection of a statewide ballot issue proposed by statutory initiative, constitutional initiative, or constitutional convention initiative must be composed of five members. The governor, attorney general, president of the senate, and speaker of the house of representatives shall each appoint one member, and the fifth member must be appointed by the first four members. If possible, members must be known to favor rejection of the issue.

(6) A person may not be required to serve on any committee under this section, and except for legislative appointments made by the president of the senate or by the speaker of the house of representatives, the person making an appointment must have written acceptance of appointment from the appointee. If an appointment is not made by the required time, the committee members that have been appointed may fill the vacancy by unanimous written consent up until the deadline for filing the arguments.
Mont. Code Ann. § 13-25-106 — MT Code / Title 13 / Chapter 25 / Part 1 / Section 13-25-106
13-25-106 Compensation of electors
Status: in_force

13-25-106 . Compensation of electors. Electors must receive the same pay and mileage that is allowed to members of the legislature. Payments must be certified by the secretary of state and paid by the state treasurer from the state general fund.
Mont. Code Ann. § 13-37-401 — MT Code / Title 13 / Chapter 37 / Part 4 / Section 13-37-401
13-37-401 Definitions
Status: in_force

13-37-401 . Definitions. As used in 13-37-402 and this section, the following definitions apply:

(1) "Constituent services" means travel, mailing, and other expenses incurred to represent and serve constituents and authorized in rules adopted by the commissioner to implement the provisions of 13-37-402 and this section.

(2) "Personal benefit" has the meaning provided in 13-37-240 .
Mont. Code Ann. § 13-2-208 — MT Code / Title 13 / Chapter 2 / Part 2 / Section 13-2-208
13-2-208 Elector to furnish residential address -- prohibiting registration for failure to provide address
Status: in_force

13-2-208 . Elector to furnish residential address -- prohibiting registration for failure to provide address. (1) An elector shall provide the election administrator with the elector's current street address, rural address, or, if neither of those addresses is available, other specific geographic location information from which the location of the elector's residence may be easily determined by the election administrator.

(2) The election administrator may not register an elector who fails to provide the information required by subsection (1).
Mont. Code Ann. § 13-4-106 — MT Code / Title 13 / Chapter 4 / Part 1 / Section 13-4-106
13-4-106 Compensation of judges
Status: in_force

13-4-106 . Compensation of judges. (1) Except as provided in subsection (2), election judges must be paid at least the state or federal minimum wage, whichever is greater, for the number of hours worked during an election plus the number of hours spent at the instruction session. Mileage may be paid to election judges for attending instruction sessions. Election judges are exempt from unemployment insurance coverage for services performed pursuant to this chapter if the remuneration received by the election judge is less than $1,000 in the calendar year.

(2) The chief election judge may be paid at a rate higher than the other election judges and may be reimbursed for the actual expenses of transporting election materials.

(3) The election administrator shall certify the amount due each election judge to the county governing body as soon after an election as all records necessary for the certification are received.
Mont. Code Ann. § 13-17-505 — MT Code / Title 13 / Chapter 17 / Part 5 / Section 13-17-505
13-17-505 Selection process for random-sample audit after federal election
Status: in_force

13-17-505 . Selection process for random-sample audit after federal election. (1) No sooner than 7 days after the federal election and no later than 9 days after the federal election, the state board of canvassers, pursuant to 13-17-503 and as established by rule, shall randomly select:

(a) the races and ballot issue to be audited;

(b) the precincts to be audited in each county; and

(c) three additional precincts in each county that would be audited if a discrepancy in vote tallies occurs and results in the need to audit additional precincts pursuant to 13-17-507 .

(2) The selection process must be open to the public.

(3) After selecting the precincts, races, and ballot issue for the random-sample audit, the state board of canvassers shall direct the secretary of state to:

(a) notify each county election administrator of the selections; and

(b) make a list of the selections available electronically.
Mont. Code Ann. § 13-27-102 — MT Code / Title 13 / Chapter 27 / Part 1 / Section 13-27-102
13-27-102 Who may petition and gather signatures
Status: in_force

13-27-102 . Who may petition and gather signatures. (1) A petition may be signed only by a qualified elector of the state of Montana.

(2) A person gathering signatures for a petition may not be paid anything of value based upon the number of signatures gathered.
Mont. Code Ann. § 13-16-417 — MT Code / Title 13 / Chapter 16 / Part 4 / Section 13-16-417
13-16-417 Sealing ballots
Status: in_force

13-16-417 . Sealing ballots. (1) When a recount of paper ballots is finished, each ballot must again be sealed in the same package or envelope in the presence of the election administrator and the appropriate county or school recount board and must be delivered to the election administrator for custody.

(2) All other materials used in the recount that are required to be sealed must be resealed in the same manner and delivered to the election administrator for custody.
Mont. Code Ann. § 13-37-607 — MT Code / Title 13 / Chapter 37 / Part 6 / Section 13-37-607
13-37-607 Penalties
Status: in_force

13-37-607 . Penalties. A person who violates the reporting requirements of this part is subject to civil liability under 13-37-128 (1) for an amount up to $500 or three times the amount of the unlawful expenditures or contributions, whichever is greater.
Mont. Code Ann. § 13-26-102 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-102
13-26-102 Delegates to constitutional convention
Status: in_force

13-26-102 . Delegates to constitutional convention. (1) The number of convention delegates shall be equal to the number of members in the legislature. Each district shall have delegates equal to the number of members it is entitled to in the legislature.

(2) Delegates shall be elected at the next primary or general election after congress has proposed the amendment or at a special election called by the governor.

(3) Except as otherwise provided in this chapter, the election shall be in accordance with the laws for the election of members of the legislature.
Mont. Code Ann. § 13-13-228 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-228
13-13-228 Compensation
Status: in_force

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

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

(3) The election administrator shall pay each member the same compensation and certify amounts due in the same manner as for an election judge as provided for in 13-4-106 (1).
Mont. Code Ann. § 13-27-501 — MT Code / Title 13 / Chapter 27 / Part 5 / Section 13-27-501
13-27-501 Secretary of state to certify ballot form
Status: in_force

13-27-501 . Secretary of state to certify ballot form. (1) The secretary of state shall furnish to the official of each county responsible for preparation of the ballots, at the same time as the election administrator certifies the names of the persons who are candidates for offices to be filled at the election, a certified copy of the form in which each statewide ballot issue to be voted on by the people at that election is to appear on the ballot.

(2) The secretary of state shall list for each ballot issue:

(a) the number;

(b) the method of placement on the ballot;

(c) the title;

(d) the attorney general's explanatory statement, if applicable;

(e) the fiscal statement, if applicable;

(f) the statement of purpose and implication if not otherwise listed as the title pursuant to 13-27-212 ;

(g) the yes and no statement; and

(h) a statement that the statewide ballot issue conflicts with one or more issues, referenced by number, that also appear on the ballot, if applicable.

(3) When required to do so, the secretary of state shall use for each ballot issue the title of the legislative act or legislative constitutional proposal or the title provided by the attorney general or district court. Following the number of the ballot issue, the secretary of state, when required to do so, shall include one of the following statements to identify why the issue has been placed on the ballot:

(a) an act referred by the legislature;

(b) an amendment to the constitution proposed by the legislature;

(c) an act of the legislature referred by referendum petition; or

(d) a law or constitutional amendment proposed by initiative petition.
Mont. Code Ann. § 13-17-212 — MT Code / Title 13 / Chapter 17 / Part 2 / Section 13-17-212
13-17-212 Performance testing and certification of voting systems prior to election
Status: in_force

13-17-212 . Performance testing and certification of voting systems prior to election. (1) No more than 30 days prior to an election in which a voting system is used, the election administrator shall publicly test and certify that the system is performing properly. An election administrator shall test all central count vote tabulation machines to be used if automatic tabulation begins pursuant to 13-13-241 (8)(a) the day before the election. In accordance with subsection (3), the secretary of state shall adopt rules to meet the requirements of this subsection.

(2) The secretary of state shall ensure that at least 10% of each type of voting system in the state has been randomly tested and certified at least once every calendar year.

(3) The provisions of this section must be implemented according to rules adopted by the secretary of state pursuant to 13-17-211 .
Mont. Code Ann. § 13-15-403 — MT Code / Title 13 / Chapter 15 / Part 4 / Section 13-15-403
13-15-403 Canvass to be public -- nonessentials to be disregarded -- investigation of discrepancies in vote counts
Status: in_force

13-15-403 . Canvass to be public -- nonessentials to be disregarded -- investigation of discrepancies in vote counts. (1) The canvass must be public. It must proceed by opening the returns, auditing the tally books or other records of votes cast, determining the vote for each individual and for and against each ballot issue from each precinct, compiling totals, comparing the number of votes cast to the number of electors and number of persons who voted, and declaring or certifying the results.

(2) The board shall record all write-in votes shown in the returns from each precinct.

(3) The returns may not be rejected because of failure to show who administered the oath to the election judges, failure to complete all the certificates in a pollbook, or failure of any other act making up the returns that is not essential to determine for whom the votes were cast.

(4) If during a canvass the board finds that the votes returned for any candidate or ballot issue exceeds the number of electors or the total number of persons who voted in a precinct or finds any error in a precinct or precincts affecting the accuracy of vote totals, the board shall immediately investigate the discrepancy or error until the discrepancy or error is reconciled and documented or is determined to have no impact on the outcome of the election. However, the investigation must be concluded within 2 days. The board may require the election administrator to conduct a recount of the votes cast in a race or races, a ballot issue or ballot issues, or the precinct or precincts, as provided in 13-16-201 , or to inspect the ballots, as provided in 13-16-420 , as part of its investigation.
Mont. Code Ann. § 13-35-207 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-207
13-35-207 Deceptive election practices
Status: in_force

13-35-207 . Deceptive election practices. A person is guilty of false swearing, unsworn falsification, or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-202 , 45-7-203 , or 45-7-208 , as applicable, whenever the person:

(1) falsely represents the person's name or other information required upon the person's voter registration form and causes registration with the form;

(2) signs a voter registration form knowingly witnessing any false or misleading statement;

(3) knowingly causes a false statement, certificate, or return of any kind to be signed;

(4) falsely makes a declaration or certificate of nomination;

(5) files or receives for filing a declaration or certificate of nomination knowing that all or part of the declaration or certificate is false;

(6) forges or falsely makes the official endorsement of a ballot;

(7) forges or counterfeits returns of an election purporting to have been held at a precinct, municipality, or ward where no election was in fact held;

(8) knowingly substitutes forged or counterfeit returns of election in place of the true returns for a precinct, municipality, or ward where an election was held;

(9) signs a name other than the person's own to a petition, signs more than once for the same ballot issue, or signs a petition while not being a qualified elector of the state; or

(10) makes a false oath or affidavit where an oath or affidavit is required by law.
Mont. Code Ann. § 13-13-222 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-222
13-13-222 Marking ballot in person before election day
Status: in_force

13-13-222 . Marking ballot in person before election day. (1) As soon as the official ballots are available for in-person absentee voting under 13-13-205 (1)(a)(i), the election administrator shall permit an elector to apply for, receive, and mark an absentee ballot before election day by appearing in person at the office of the election administrator and marking the ballot in a voting station area designated by the election administrator.

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

(3) For the purposes of this section, an official ballot is voted when the ballot is received at the election administrator's office.
Mont. Code Ann. § 13-21-213 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-213
13-21-213 Report on absentee ballots
Status: in_force

13-21-213 . Report on absentee ballots. (1) Within 60 days after the date of each regularly scheduled federal general election, each county election administrator shall report to the secretary of state:

(a) the number of absentee ballots transmitted by the election administrator to covered voters for the election;

(b) the number of absentee ballots cast and returned to the election administrator for the election from covered voters; and

(c) the method of transmission and the method of submission of each absentee ballot in subsections (1)(a) and (1)(b).

(2) The secretary of state may prescribe a standardized format for the report.

(3) Within 90 days after the date of each regularly scheduled federal general election, the secretary of state shall report to the federal election assistance commission, established pursuant to the Help America Vote Act of 2002, Public Law 107-252, or its successor a statewide report containing the information provided under subsection (1) and any other information required by the federal election assistance commission. The report must be made in the format prescribed by the federal election assistance commission.
Mont. Code Ann. § 13-10-501 — MT Code / Title 13 / Chapter 10 / Part 5 / Section 13-10-501
13-10-501 Petition for nomination by independent candidates or political parties not eligible to participate in primary election
Status: in_force

13-10-501 . Petition for nomination by independent candidates or political parties not eligible to participate in primary election. (1) Except as provided in 13-10-504 , nominations for public office by an independent candidate or a political party that does not meet the requirements of 13-10-601 may be made by filing a declaration of intent and paying the filing fee in accordance with 13-10-201 and by circulating a petition for nomination.

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

(3) If a petition is filed by a political party, it must contain the party name and, in five words or less, the principle that the body represents.

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

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

(6) 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.
Mont. Code Ann. § 13-14-213 — MT Code / Title 13 / Chapter 14 / Part 2 / Section 13-14-213
13-14-213 Form of ballot on retention for other judicial offices
Status: in_force

13-14-213 . Form of ballot on retention for other judicial offices. The election administrator or secretary of state shall use the form prescribed in 13-14-212 to place the name of an unopposed incumbent for a judicial office on the general election ballot if such office is subject to the provisions of Article VII, Section 8, of The Constitution of the State of Montana.
Mont. Code Ann. § 13-1-301 — MT Code / Title 13 / Chapter 1 / Part 3 / Section 13-1-301
13-1-301 Election administrator
Status: in_force

13-1-301 . Election administrator. (1) (a) The county clerk and recorder of each county is the election administrator unless the governing body of the county appoints an election administrator.

(b) If the governing body of the county appoints an election administrator, that individual shall report directly to the governing body of the county.

(2) The election administrator is responsible for the administration of all procedures relating to registration of electors and conduct of elections, shall keep all county records relating to elector registration and elections, and is the primary point of contact for the county with respect to the statewide voter registration list and implementation of other provisions of applicable federal law governing elections.

(3) The election administrator may appoint a deputy election administrator for each political subdivision required to hold elections.
Mont. Code Ann. § 13-28-203 — MT Code / Title 13 / Chapter 28 / Part 2 / Section 13-28-203
13-28-203 Affidavit to accompany signatures
Status: in_force

13-28-203 . Affidavit to accompany signatures. An affidavit, in substantially the form provided in 1-6-105 or in the following form, must be attached to each petition sheet or petition 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 person whose names they purport to be, and are the signatures of [insert appropriate local government unit] 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 me this ___ day of ____, 20__

Seal

_______________________________

(Person authorized to take oaths)

_______________________________

(Title or notarial information)
Mont. Code Ann. § 13-13-245 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-245
13-13-245 Notice to elector -- opportunity to resolve questions
Status: in_force

13-13-245 . Notice to elector -- opportunity to resolve questions. (1) As soon as possible after receipt of an elector's absentee ballot application or signature envelope, the election administrator shall give notice to the elector by the most expedient method available if the election administrator determines that:

(a) the elector's ballot is to be handled as a provisional ballot;

(b) the validity of the ballot is in question;

(c) the election administrator has not received or is unable to verify the elector's or agent's signature under 13-13-213 or 13-13-241 ; or

(d) the elector's date of birth on the signature envelope is missing or does not match the date of birth of the elector on the elector's absentee ballot request form or on the elector's voter registration form under 13-13-241 .

(2) The election administrator shall inform the elector that, prior to 8 p.m. on election day, the elector may:

(a) by mail, facsimile, electronic means, or in person, resolve the issue that resulted in the ballot being handled as a provisional ballot, confirm the validity of the ballot, or verify the elector's or agent's signature or provide a signature, after proof of identification, by affirming that the signature is in fact the elector's, by completing a new registration form containing the elector's current signature, or by providing a new agent designation form; or

(b) if necessary, request and receive a replacement ballot pursuant to 13-13-204 .

(3) The ballot of an elector who fails to provide information pursuant to subsection (2) must be handled as a provisional ballot pursuant to 13-15-107 .

(4) (a) If an absentee ballot is returned as undeliverable, the election administrator shall attempt to contact the elector by the most expedient means available to determine the reason for the return and mail a confirmation notice if the elector cannot be contacted otherwise. The notice must be sent by forwardable mail with a postage-paid, return-addressed reply.

(b) If the confirmation notice is returned to the election administrator, after the election the election administrator shall place the elector on the inactive list provided for in 13-2-220 until the elector reactivates the elector's registration pursuant to 13-2-222 .

(c) (i) During the election, the elector must be provided with:

(A) the elector's undeliverable ballot upon notification in writing by the elector of the elector's correct mailing address; or

(B) a replacement ballot if a request has been made pursuant to 13-13-204 .

(ii) An elector who votes in the election pursuant to this subsection (4)(c) may not be placed on the inactive list pursuant to the procedures provided in subsection (4)(b).
Mont. Code Ann. § 13-10-609 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-609
13-10-609 County official to forward verified sheets
Status: in_force

13-10-609 . County official to forward verified sheets. (1) 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 to qualify the ____________ political party to nominate its candidates by primary election in the manner prescribed by law; and I believe that ____ (number) signatures in (Legislative Representative District No. ____) (repeat for each district included in sheet or section) are valid; and I further certify that the affidavit of the signature gatherer of the petition is attached.

Signed:______________ (Date) _______________ (Signature)

Seal _________________________ (Title)

(2) The county official verifying the number of registered electors signing the petition shall ensure that it is received by the secretary of state at least 95 days before the date of the primary.
Mont. Code Ann. § 13-16-416 — MT Code / Title 13 / Chapter 16 / Part 4 / Section 13-16-416
13-16-416 Report of recount
Status: in_force

13-16-416 . Report of recount. (1) If the recount shows the votes for any candidate or on any ballot issue are more or less than the number shown upon the official returns, the secretary of the recount board shall prepare a corrected report that states the number of votes ascertained by the recount.

(2) The recount board shall direct the secretary to enter the result of the election as determined by the recount in the board records.
Mont. Code Ann. § 13-27-226 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-226
13-27-226 Review by attorney general
Status: in_force

13-27-226 . Review by attorney general. (1) On receipt of a proposed statutory initiative, statutory referendum, constitutional initiative, or constitutional convention initiative and the proposal's ballot statements from the office of the secretary of state and the fiscal note determination from the budget director as provided in this part, the attorney general shall examine the proposal, review the proposal for legal sufficiency as provided in subsection (2), review the ballot statements if required by subsection (3), prepare a fiscal statement if required by subsection (4), and determine if the proposal conflicts with other issues that may appear on the ballot at the same election as provided in subsection (5).

(2) The attorney general shall examine the proposal received pursuant to subsection (1), prepare an opinion as to the proposal's legal sufficiency, and forward the opinion to the secretary of state.

(3) (a) If the attorney general determines that the proposal is legally sufficient, the attorney general shall review the ballot statements to determine whether they contain the following matters:

(i) a statement of purpose and implication that complies with 13-27-212 ; and

(ii) a yes and no statement that complies with 13-27-213 .

(b) The attorney general shall, in reviewing the ballot statements, endeavor to seek out parties on both sides of the issue and obtain their advice.

(c) If the attorney general determines the ballot statements comply with the requirements provided in subsection (3)(a), the attorney general shall approve the ballot statements and forward them to the secretary of state. However, if the attorney general determines in writing that a ballot statement clearly does not comply with the relevant requirements of subsection (3)(a), the attorney general shall prepare a ballot statement that complies with the relevant requirements of subsection (3)(a). The attorney general shall forward the revised ballot statement to the secretary of state as the approved ballot statement and shall provide a copy to the petitioner.

(4) If the proposal affects the revenue, expenditures, or fiscal liability of the state, the budget director shall prepare the fiscal note as provided in 13-27-227 . If the fiscal note indicates a fiscal impact, the attorney general shall prepare a fiscal statement of no more than 50 words and forward it to the secretary of state. The statement must be used on the proposal's petition and on the ballot if the proposal is placed on the ballot.

(5) The attorney general shall determine if the proposal conflicts with one or more issues that may appear on the ballot at the same election for the purposes of 13-27-501 (2)(h) and shall forward the attorney general's written determination to the secretary of state.

(6) If the attorney general determines that the proposal is not legally sufficient, the secretary of state may not deliver a sample petition form unless the attorney general's opinion is overruled pursuant to 13-27-605 and the attorney general has approved or prepared ballot statements under this section.
Mont. Code Ann. § 13-35-217 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-217
13-35-217 Officers not to influence voter
Status: in_force

13-35-217 . Officers not to influence voter. An officer, while acting in an official capacity, may not, by menace, reward, or promise of reward, induce or attempt to induce any elector to cast a vote contrary to the elector's original intention or desire.
Mont. Code Ann. § 13-12-203 — MT Code / Title 13 / Chapter 12 / Part 2 / Section 13-12-203
13-12-203 Appearance of candidate's name and party designation on ballot
Status: in_force

13-12-203 . Appearance of candidate's name and party designation on ballot. (1) Subject to 13-12-202 and except as provided in 13-10-209 for nonpartisan offices and 13-10-303 for certain other candidates, in partisan elections, candidates' names must appear under the title of the office sought, with the name of the party in not more than three words appearing opposite or below the name.

(2) Subject to 13-12-202 , in nonpartisan general elections, the candidates' names must appear under the title of the office sought, with no description or designation appearing with the name unless partisan and nonpartisan offices appear on the same ballot. In such a case, the names of nonpartisan candidates must appear with the word "Nonpartisan".

(3) Except as otherwise provided by this section, information about the candidate other than the candidate's name may not appear on the ballot, including a title, accomplishment, award, or degree.
Mont. Code Ann. § 13-13-112 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-112
13-13-112 Display of instructions for electors
Status: in_force

13-13-112 . Display of instructions for electors. (1) Except as provided in subsection (3), instructions for electors on how to prepare their ballots or use a voting system must be posted in each voting station provided for the preparation of ballots.

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

(a) how to obtain ballots for voting;

(b) how to prepare ballots, including how to:

(i) cast a valid vote, including a valid vote for a write-in candidate;

(ii) correct a mistake; and

(iii) ensure the proper disposition of the ballot after the elector is finished voting;

(c) how to obtain a new ballot in place of one spoiled by accident; and

(d) how to vote provisionally pursuant to 13-13-601 .

(3) The information required in subsection (2) must also be posted at each polling place along with the election date, the hours the polls are open, and instructions for mail-in registrants and first-time voters.

(4) If the instructions for use of a voting system are printed on the system or are part of a ballot package given to each elector, separate instructions need not be posted in the voting station.

(5) Sample ballots, clearly marked "sample" across the face, must be posted in at least one conspicuous location at each polling place. If an election administrator has the capacity to print a larger version of a sample ballot, a sample ballot must be printed and displayed in a size larger than an actual ballot.
Mont. Code Ann. § 13-15-108 — MT Code / Title 13 / Chapter 15 / Part 1 / Section 13-15-108
13-15-108 Rejected ballots -- handling provided by rule
Status: in_force

13-15-108 . Rejected ballots -- handling provided by rule. (1) All rejected absentee ballots, the absentee ballot applications, and all absentee ballot signature envelopes must be handled and marked as provided under rules adopted by the secretary of state.

(2) After being handled and marked as provided in this section, all rejected ballots must be placed in a package or container in which the voted ballots are to be placed and the package or container must be sealed, dated, and marked as provided under rules adopted by the secretary of state. After a package or container is sealed pursuant to this subsection (2), a package or container may not be opened without a court order.
Mont. Code Ann. § 13-25-204 — MT Code / Title 13 / Chapter 25 / Part 2 / Section 13-25-204
13-25-204 Certificates issued by governor
Status: in_force

13-25-204 . Certificates issued by governor. Upon receipt of the report of the canvass required by 13-15-507 , the governor shall send a certificate of election to each person elected.
Mont. Code Ann. § 13-26-104 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-104
13-26-104 Determination of election results
Status: in_force

13-26-104 . Determination of election results. The results of the election are determined as follows:

(1) The votes cast for each candidate "in favor of" ratification, the total votes cast for all candidates "in favor of" ratification, the votes cast for each candidate "opposed to" ratification, and the total votes cast for all candidates "opposed to" ratification shall be ascertained.

(2) From the side receiving the greater number of votes, those candidates (equal in number to the number of delegates to be elected) receiving the highest number of votes are elected.
Mont. Code Ann. § 13-3-213 — MT Code / Title 13 / Chapter 3 / Part 2 / Section 13-3-213
13-3-213 Alternative means for casting ballot
Status: in_force

13-3-213 . Alternative means for casting ballot. (1) The election administrator shall provide individuals with disabilities an alternative means for casting a ballot on election day if they are assigned to an inaccessible polling place. These alternative means for casting a ballot include:

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

(b) voting by absentee ballot in person at a designated voting station at the county election administrator's office; and

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

(2) An elector with a disability assigned to an inaccessible polling place who desires to vote at an accessible polling place:

(a) shall request assignment to an accessible polling place by notifying the election administrator in writing at least 2 business days preceding the election;

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

(c) shall sign the elector's name on a special addendum to the official precinct register as required in subsection (4); and

(d) must receive the same ballot to which the elector is otherwise entitled.

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

(4) The name of an elector who has been assigned to vote in a precinct other than the precinct in which the person is registered, as provided in subsection (2), must be printed on a special addendum to the precinct register in a form prescribed by the secretary of state.
Mont. Code Ann. § 13-28-401 — MT Code / Title 13 / Chapter 28 / Part 4 / Section 13-28-401
13-28-401 Suit to determine validity and constitutionality of petition and proposed action
Status: in_force

13-28-401 . Suit to determine validity and constitutionality of petition and proposed action. (1) The governing body of the local government may direct that a suit be brought in district court by the local government to determine whether the proposed action is valid and constitutional. The suit must be initiated within 14 days of the date a petition is approved as to form under 13-28-201 .

(2) An action brought under this section takes precedence over other cases and matters in the district court. The court shall render a decision as soon as possible as to whether the proposed action is valid and constitutional.

(3) If the defendant prevails, the defendant is entitled to be reimbursed by the local government for costs and reasonable attorney fees incurred.

(4) The 90-day period during which petition signatures must be collected under 13-28-207 begins on the date of the court order resolving the suit.
Mont. Code Ann. § 13-37-603 — MT Code / Title 13 / Chapter 37 / Part 6 / Section 13-37-603
13-37-603 Reporting entity -- reports required -- exception
Status: in_force

13-37-603 . Reporting entity -- reports required -- exception. (1) A reporting entity shall keep detailed records of all contributions received and expenditures made by or on behalf of the reporting entity. If the reporting entity is a minor party qualification committee, the treasurer appointed pursuant to 13-37-602 shall keep the records on behalf of the minor party qualification committee.

(2) A reporting entity may not knowingly report a contribution in the name of any person other than the person by whom it was actually furnished.

(3) A reporting entity shall file periodic reports containing the information required by 13-37-605 pursuant to the dates required by 13-37-604 .

(4) Records kept pursuant to this section must be preserved by the reporting entity for 4 years from the date prescribed in 13-10-609 (2) on which the signatures were presented or otherwise would have been presented to the election administrator.

(5) The commissioner may inspect records or accounts that must be kept pursuant to this part, as long as the inspection is made during reasonable office hours.

(6) If a reporting entity is otherwise required to file a report under Title 13, chapter 37, part 2, concerning the same matters required to be reported under this part, the reporting entity may not be required to file a duplicate report or duplicate information but shall file the information in one report.
Mont. Code Ann. § 13-37-104 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-104
13-37-104 Vacancy
Status: in_force

13-37-104 . Vacancy. (1) If for any reason a vacancy occurs in the position of commissioner, a successor must be appointed as provided in 13-37-102 within 30 days of the vacancy to serve out the unexpired term. The governor's appointee must be confirmed by the senate, but an appointment made while the senate is not in session is effective as an appointment until the end of the next session.

(2) An individual who is selected to serve out the unexpired term of a preceding commissioner and who has served 3 years or more of an unexpired term is not eligible for reappointment.

(3) An individual who is selected to serve out the unexpired term of a preceding commissioner and who has served less than 3 years of an unexpired term may be reappointed for a 6-year term as provided in 13-37-102 .
Mont. Code Ann. § 13-35-502 — MT Code / Title 13 / Chapter 35 / Part 5 / Section 13-35-502
13-35-502 Findings
Status: in_force

13-35-502 . Findings. The people of the state of Montana find that:

(1) since 1912, through passage of the Corrupt Practices Act by initiative, Montana has prohibited corporate contributions to and expenditures on candidate elections;

(2) in 1996, by passage of Initiative No. 125, Montana prohibited corporations from using corporate funds to make contributions to or expenditures on ballot issue campaigns;

(3) Montana's 1996 prohibition on corporate contributions to ballot issue campaigns was invalidated by Montana Chamber of Commerce v. Argenbright, 226 F.3d 1049 (2000). Montana's 1912 prohibition on corporate contributions to and expenditures on candidate elections is also being challenged under the holding of Citizens United v. FEC, 558 U.S. 310, 130 S.Ct. 876 (2010). This decision equated the political speech rights of corporations with those of human beings.

(4) in 2011 the Montana Supreme Court, in its decision, Western Tradition Partnership, Inc. v. Attorney General, 2011 MT 328, upheld Montana's 1912 prohibition on corporate contributions to and expenditures on candidate campaigns, stating in its opinion as follows:

(a) examples of well-financed corruption involving corporate money abound in Montana;

(b) the corporate power that can be exerted with unlimited corporate political spending is still a vital interest to the people of Montana;

(c) corporate independent spending on Montana ballot issues has far exceeded spending from other sources;

(d) unlimited corporate money into candidate elections would irrevocably change the dynamic of local Montana political office races;

(e) with the infusion of unlimited corporate money in support of or opposition to a targeted candidate, the average citizen candidate in Montana would be unable to compete against the corporate-sponsored candidate, and Montana citizens, who for over 100 years have made their modest election contributions meaningfully count, would be effectively shut out of the process; and

(f) clearly the impact of unlimited corporate donations creates a dominating impact on the Montana political process and inevitably minimizes the impact of individual Montana citizens.
Mont. Code Ann. § 13-10-404 — MT Code / Title 13 / Chapter 10 / Part 4 / Section 13-10-404
13-10-404 Placement of candidate on primary ballot -- methods of qualification -- filing fee
Status: in_force

13-10-404 . Placement of candidate on primary ballot -- methods of qualification -- filing fee. (1) Before an individual intending to qualify as a presidential candidate may qualify for placement on the ballot, the individual shall qualify by one or more of the following methods:

(a) The individual has submitted a declaration for nomination that is signed by the candidate or an authorized campaign official to the secretary of state pursuant to 13-10-201 (2) and has been nominated on petitions with the verified signatures of at least 500 qualified electors. The secretary of state shall prescribe the form and content of the petition.

(b) The individual has submitted a declaration for nomination to the secretary of state pursuant to 13-10-201 , and the secretary of state has determined, by the time that declarations for nomination are to be filed, that the individual is eligible to receive payments pursuant to the federal Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031, et seq.

(2) Except as provided by 13-10-201 (3), the individual's declaration for nomination submitted pursuant to subsection (1) of this section must be accompanied by the filing fee set in 13-10-202 (3).
Mont. Code Ann. § 13-10-507 — MT Code / Title 13 / Chapter 10 / Part 5 / Section 13-10-507
13-10-507 Independent candidates -- association with political parties not allowed
Status: in_force

13-10-507 . Independent candidates -- association with political parties not allowed. (1) A person seeking office as an independent candidate may not be associated with a political party for 1 year prior to the submission of the person's nomination petition.

(2) For the purposes of subsection (1), "associated with a political party" means having run for office in Montana as a partisan candidate or having held a public office in Montana or a precinct committee representative office in Montana with a political party designation.
Mont. Code Ann. § 13-27-227 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-227
13-27-227 Preparation of fiscal note
Status: in_force

13-27-227 . Preparation of fiscal note. (1) If the proposal affects the revenue, expenditures, or fiscal liability of the state, the budget director shall determine whether a fiscal note is necessary. If a fiscal note is required, the budget director, in cooperation with the agency or agencies affected by the statewide ballot issue, shall prepare the fiscal note.

(2) The fiscal note must incorporate an estimate of the proposal's effect on the revenue, expenditures, or fiscal liability of the state, and the substance of the fiscal note must substantially comply with the provisions of 5-4-205 .

(3) The budget director shall return the fiscal note to the attorney general.

(4) If a revised fiscal note is requested pursuant to 13-27-228 , the budget director shall prepare a revised fiscal note within 3 days and provide the revised fiscal note to the executive director of legislative services division.

(5) A revised fiscal note produced pursuant to 13-27-228 does not trigger an additional attorney general review or a revision of the fiscal impact statement under 13-27-226 .
Mont. Code Ann. § 13-37-102 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-102
13-37-102 Creation of office -- nomination -- appointment -- removal
Status: in_force

13-37-102 . Creation of office -- nomination -- appointment -- removal. (1) There is a commissioner of political practices who is appointed by the governor, subject to confirmation by a majority of the senate.

(2) (a) A four-member nomination committee composed of the speaker of the house, the president of the senate, and the minority leaders of both houses of the legislature shall submit to the governor a list of not less than two or more than five names of individuals for the governor's consideration. A majority of the members of the nomination committee shall agree on each nomination.

(b) The governor shall appoint the commissioner from the list of nominees submitted by the nomination committee. However, if the nomination committee fails to submit names agreed to by the majority of the nomination committee members, the governor may appoint anyone who meets the qualifications set forth in 13-37-107 .

(3) The individual selected to serve as commissioner may be removed by the governor prior to the expiration of the term only for incompetence, malfeasance, or neglect of duty. The governor's decision to remove the commissioner must be stated in writing, and the sufficiency of the governor's stated causes for removing the commissioner is subject to judicial review.
Mont. Code Ann. § 13-21-223 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-223
13-21-223 Timeliness of application for military-overseas ballot
Status: in_force

13-21-223 . Timeliness of application for military-overseas ballot. Except as provided in 13-21-226 , an application for a military-overseas ballot is timely if received by 8 p.m. on election day.
Mont. Code Ann. § 13-1-104 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-104
13-1-104 Times for holding general elections
Status: in_force

13-1-104 . Times for holding general elections. (1) A general election must be held throughout the state on the first Tuesday after the first Monday in November.

(2) In every even-numbered year, the following elections must be held on general election day:

(a) an election on any ballot issue submitted to electors pursuant to Article III, section 6, unless the legislature orders a special election, or Article XIV, section 8, of the Montana constitution;

(b) an election of federal officers, members of the legislature, state officers, multicounty district officers elected at a statewide election, district court judges, and county officers; and

(c) any other election required by law to be held on general election day in an even-numbered year.

(3) In every odd-numbered year, the following elections must be held on the same day as the general election:

(a) an election of officers for municipalities required by law to hold the election; and

(b) any other election required by law to be held on general election day in an odd-numbered year.
Mont. Code Ann. § 13-27-503 — MT Code / Title 13 / Chapter 27 / Part 5 / Section 13-27-503
13-27-503 Determination of result of election
Status: in_force

13-27-503 . Determination of result of election. The votes on statewide ballot issues must be counted, canvassed, and certified in the same manner as votes for candidates are counted, canvassed, and certified. The abstract of votes on statewide ballot issues must be prepared and returned to the secretary of state in the manner provided by 13-15-501 for abstract of votes for state officers. At the same time as the votes for state officers are canvassed, the board of state canvassers shall proceed to canvass the votes given for each statewide ballot issue. The secretary of state, as secretary of the board of state canvassers, shall prepare and file in the secretary of state's office a statement of the canvass, giving the number and title of each statewide ballot issue, the whole number of votes cast in the state for and against each statewide ballot issue, and the effective date of each statewide ballot issue approved by a majority of those voting on the issue. The secretary of state shall transmit a certified copy of the statement of the canvass to the governor.
Mont. Code Ann. § 13-25-308 — MT Code / Title 13 / Chapter 25 / Part 3 / Section 13-25-308
13-25-308 Elector replacement -- associated certificates
Status: in_force

13-25-308 . Elector replacement -- associated certificates. (1) After the vote of the electors is completed, if the final list of electors differs from the list the governor previously included on a certificate of ascertainment prepared and transmitted pursuant to 13-25-305 , the secretary of state shall immediately prepare an amended certificate of ascertainment and transmit it to the governor for the governor's signature.

(2) The governor shall immediately sign and transmit to the secretary of state the signed amended certificate of ascertainment and a signed duplicate original of the amended certificate of ascertainment that indicates that the amended certificate of ascertainment must be substituted for the certificate of ascertainment previously submitted.

(3) The secretary of state shall prepare a certificate of vote. The electors on the final list shall sign the certificate. The secretary of state shall process and transmit the signed certificate with the amended certificate of ascertainment as provided under 3 U.S.C. 9 through 11.
Mont. Code Ann. § 13-27-105 — MT Code / Title 13 / Chapter 27 / Part 1 / Section 13-27-105
13-27-105 Effective date of statewide initiative and statewide referendum issues
Status: repealed

13-27-105 . Effective date of statewide initiative and statewide referendum issues. (1) Unless the petition states otherwise, a statutory initiative or constitutional convention initiative approved by the people is effective on October 1 following approval. If a statutory initiative delegates rulemaking authority, it is effective no sooner than October 1 following approval.

(2) A constitutional initiative or constitutional referendum that is approved by the people is effective on July 1 following approval unless the constitutional initiative or constitutional referendum provides otherwise.

(3) Unless specifically provided by the legislature in an act referred by it to the people or until suspended by a petition signed by at least 15% of the qualified electors in a majority of the legislative representative districts, an act referred to the people is in effect as provided by law until it is approved or rejected at the election. An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state under 13-27-503 . An act referred to the people that was in effect at the time of the election and is approved by the people remains in effect. An act that was suspended by a petition and is approved by the people is effective the date the result of the canvass is filed by the secretary of state under 13-27-503 . An act referred by the legislature that contains an effective date following the election becomes effective on that date if approved by the people. An act that provides no effective date and whose substantive provisions were delayed by the legislature pending approval at an election and that is approved is effective October 1 following the election.
Mont. Code Ann. § 13-26-109 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-109
13-26-109 Certificate of result -- transmission to secretary of state of United States
Status: in_force

13-26-109 . Certificate of result -- transmission to secretary of state of United States. When the convention has agreed by majority vote of delegates attending the convention, a certificate of the result shall be executed by the president and secretary and transmitted to the secretary of state of the United States. A duplicate of the certificate shall be filed with the secretary of state of Montana.
Mont. Code Ann. § 13-21-222 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-222
13-21-222 Methods of applying for military-overseas ballot
Status: in_force

13-21-222 . Methods of applying for military-overseas ballot. (1) A covered voter who is registered to vote in this state may apply for a military-overseas ballot:

(a) using either the regular absentee ballot application in use in the voter's jurisdiction under 13-13-212 or the federal postcard application or the application's electronic equivalent;

(b) by making a written request, which must include the voter's birth date and signature; or

(c) by making an electronic request that includes the voter's birth date and affirmation of the voter's eligibility to vote under the Montana Absent Uniformed Services and Overseas Voter Act.

(2) A person who holds a power of attorney from a uniformed-service voter may apply for an absentee ballot for that election on behalf of the uniformed-service voter. The applicant shall provide a copy of the power of attorney authorizing the request for an absentee ballot along with the application.

(3) A covered voter who is not registered to vote in Montana may use a federal postcard application or the application's electronic equivalent to apply simultaneously to register to vote under 13-21-221 and for a military-overseas ballot.

(4) The secretary of state shall ensure that the electronic transmission system described in 13-21-106 (3) is capable of accepting the submission of a federal postcard application. The voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.

(5) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot if the declaration is received by the appropriate election official within the time period required by this chapter.

(6) An application from a covered voter who applies for a ballot under this section is considered a request for an absentee ballot for all elections held through December 31 of the year following the calendar year of application or for a shorter period if requested by the covered voter.

(7) To receive the benefits of this chapter, a covered voter shall inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:

(a) the use of a federal postcard application or federal write-in absentee ballot;

(b) the use of an overseas address on an approved voter registration application or ballot application; and

(c) the inclusion on an approved voter registration application or ballot application or other information sufficient to identify the voter as a covered voter.

(8) This section does not preclude a covered voter from voting under Title 13, chapter 13, part 2.
Mont. Code Ann. § 13-35-202 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-202
13-35-202 Conduct of election officials or election workers
Status: in_force

13-35-202 . Conduct of election officials or election workers. An election official or election worker may not:

(1) deposit in a ballot box a paper ballot that is not marked as official;

(2) examine an elector's ballot before putting the ballot in the ballot box;

(3) look at any mark made by the elector upon the ballot;

(4) make or place any mark or device on any ballot with the intent to ascertain how the elector has voted;

(5) allow any individual other than the elector to be present at the marking of the ballot except as provided in 13-1-116 , 13-13-118 , 13-13-119 , and 13-13-229 ; or

(6) make a false statement in a certificate regarding affirmation.
Mont. Code Ann. § 13-38-204 — MT Code / Title 13 / Chapter 38 / Part 2 / Section 13-38-204
13-38-204 Committees to fill vacancies among nominees under certain circumstances
Status: in_force

13-38-204 . Committees to fill vacancies among nominees under certain circumstances. County and city central committees may make nominations to fill vacancies occurring among the candidates of their respective parties nominated for city or county offices by the primary election if the vacancy is caused by death, resignation, or removal from the electoral district but not otherwise.
Mont. Code Ann. § 13-27-307 — MT Code / Title 13 / Chapter 27 / Part 3 / Section 13-27-307
13-27-307 Consideration and tabulation of signatures by secretary of state
Status: in_force

13-27-307 . Consideration and tabulation of signatures by secretary of state. (1) The secretary of state shall consider and tabulate only the signatures on petitions that are certified by the proper county official. The secretary of state may reject any petition that does not meet statutory requirements. The secretary of state shall return a rejected petition to the proper county official. The county official shall correct the error, when applicable, or send or deliver the rejected petition to the signature gatherer. The secretary of state may consider and tabulate any signature not certified by the county official that is certified by a notary public of the county in which the signer resides to be the genuine signature of an elector legally qualified to sign the petition.

(2) The official certificate of the notary public for any signature not certified as valid by the county official must be in substantially the following form:

State of Montana)

)ss.

County of__________)

I, __________ (name), a qualified and acting notary public in and for the above-named county and state, certify that I am personally acquainted with all of the following-named electors whose signatures are affixed to the attached (petition) (copy of a petition) and I know that they are registered electors of the state of Montana and of the county or legislative district written after their names in the petition and that their post-office addresses are correctly stated in the petition.

(Names of electors)

In testimony whereof, I have set my hand and official seal this____ day of_________, 20__.

_________________________________ (Signature)

Seal _____________________________ (Notarial information)
Mont. Code Ann. § 13-1-109 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-109
13-1-109 Election records open to public
Status: in_force

13-1-109 . Election records open to public. Unless specifically provided otherwise, all records pertaining to elector registration and elections are public records. They shall be open for inspection during regular office hours.
Mont. Code Ann. § 13-15-406 — MT Code / Title 13 / Chapter 15 / Part 4 / Section 13-15-406
13-15-406 Certificates to be issued by the election administrator
Status: in_force

13-15-406 . Certificates to be issued by the election administrator. The election administrator shall, except as provided in 13-37-127 , deliver a certificate of nomination or election to each individual declared elected by the board.
Mont. Code Ann. § 13-1-116 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-116
13-1-116 Fingerprint, mark, or agent for disabled electors -- rulemaking
Status: in_force

13-1-116 . Fingerprint, mark, or agent for disabled electors -- rulemaking. (1) Except as otherwise specified by law, the provisions of this section apply.

(2) Whenever a signature is required by an elector under a provision of this title and the elector is unable because of a disability to provide a signature, the elector may provide a fingerprint, subject to subsection (6), or an identifying mark or may request that an agent, election administrator, or election judge sign for the elector as provided in this section.

(3) If an elector is unable to provide a fingerprint or an identifying mark and the elector has not established an agent pursuant to subsection (4), the election administrator or an election judge may sign for the elector after reviewing and verifying the elector's identification.

(4) (a) An elector who is unable to provide a signature may apply to the election administrator to have another person designated as an agent for purposes of providing a signature or identifying mark required pursuant to this title and for providing any other assistance to the elector throughout the registration and voting process. The individual designated as an elector's agent may not be the elector's employer, an agent of the elector's employer, or an officer or agent of the elector's union. The use of an agent is a reasonable accommodation under the provisions of 49-2-101 (19)(b).

(b) An application for designation of an agent by an elector under this section must be made on a form prescribed by the secretary of state. The secretary of state shall by rule establish the criteria that must be met and the process that must be followed in order for a person to become a designated agent for a disabled elector pursuant to this subsection (4).

(5) If an election administrator or election judge signs or marks a document for an elector pursuant to this section, the election administrator or election judge shall initial the signature or mark.

(6) A disabled elector may not be required to provide a fingerprint.
Mont. Code Ann. § 13-10-402 — MT Code / Title 13 / Chapter 10 / Part 4 / Section 13-10-402
13-10-402 Ballot
Status: in_force

13-10-402 . Ballot. The regular party primary ballots shall be used for the presidential preference primary election. The presidential section of the ballot shall be placed before any other section, national, state, or local.
Mont. Code Ann. § 13-13-111 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-111
13-13-111 Provision and use of voting stations
Status: in_force

13-13-111 . Provision and use of voting stations. (1) The election administrator shall provide a sufficient number of voting stations to allow voting to proceed with as little delay as possible.

(2) Voting stations must be arranged in a manner that will not permit any other individual to see how the elector votes or has voted.

(3) No more than one individual may occupy a voting station at one time, except when assistance is furnished to an elector as provided by law.

(4) An individual may not occupy a voting station longer than is reasonably necessary to prepare the elector's ballot, after which the election judges may effect the removal of the elector from the station.
Mont. Code Ann. § 13-35-105 — MT Code / Title 13 / Chapter 35 / Part 1 / Section 13-35-105
13-35-105 Aiding and abetting
Status: in_force

13-35-105 . Aiding and abetting. A person who is legally accountable, as provided in 45-2-302 , for the conduct of another which violates a provision of the election laws of this state is also guilty of a violation of that provision.
Mont. Code Ann. § 13-10-205 — MT Code / Title 13 / Chapter 10 / Part 2 / Section 13-10-205
13-10-205 Register of candidates
Status: in_force

13-10-205 . Register of candidates. The secretary of state and the election administrator may each keep a register of candidates who file with their respective offices. The register shall provide a complete record of the requisite information pertaining to all candidates in the primary and general election. Information on ballot issues may also be included in the register. The secretary of state may prepare and distribute a recommended format for the register.
Mont. Code Ann. § 13-4-203 — MT Code / Title 13 / Chapter 4 / Part 2 / Section 13-4-203
13-4-203 Instruction of judges -- training materials
Status: in_force

13-4-203 . Instruction of judges -- training materials. (1) Before each election, all election judges must be instructed by the election administrator on current procedures as prescribed by the secretary of state. In precincts where voting systems are used, instructions must cover both how to operate the voting system and how to manually process any paper ballots.

(2) An election administrator may require a chief election judge to attend the training session before each election, as well as a special session that the election administrator may hold for chief election judges only, even if the chief election judge possesses a current certificate of completion pursuant to 13-1-203 (5)(b).

(3) Any individual willing to be appointed as an election judge may attend an instruction session by registering with the election administrator. However, the individual may not be paid for attendance unless the individual is appointed as an election judge.

(4) Each election judge completing a training session under this section must be given a certificate of completion. An individual may not serve as an election judge without a current certificate. However, this requirement does not apply to individuals filling vacancies in emergencies.

(5) A certificate of completion is current if the certificate is obtained before the primary election in an even-numbered year.

(6) Notice of the place and time of instruction must be given by the election administrator to the presiding officers of the political parties in the county.
Mont. Code Ann. § 13-35-209 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-209
13-35-209 Fraudulent registration
Status: in_force

13-35-209 . Fraudulent registration. (1) A person may not knowingly cause, procure, or allow the person to be registered in the official register of any election district of any county knowing that the person is not entitled to the registration.

(2) A person may not impersonate another and cause the impersonated person to be registered.

(3) When, on the trial of the person charged with any offense under the provisions of this section, it appears in evidence that the accused stands registered in the register of any county without being qualified for registration, the court shall order the registration canceled.
Mont. Code Ann. § 13-13-226 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-226
13-13-226 Manner of selection
Status: in_force

13-13-226 . Manner of selection. The election administrator may make appointments to an absentee election board from lists of qualified electors in the county prepared in substantially the same manner as provided in 13-4-102 . The election administrator may refuse for cause to appoint or may for cause remove a member of an absentee election board.
Mont. Code Ann. § 13-37-501 — MT Code / Title 13 / Chapter 37 / Part 5 / Section 13-37-501
13-37-501 Definitions
Status: in_force

13-37-501 . Definitions. As used in this part, the following definitions apply:

(1) "Entity" means a partnership, association, limited liability company, joint venture, corporation, or any other legal or commercial organization, or a combination of entities.

(2) "Foreign national" means:

(a) a government of a foreign country;

(b) a political party of a foreign country;

(c) an entity located outside of the United States unless that entity:

(i) is organized under or created under federal law, state law, or the law of another place subject to the jurisdiction of the United States; and

(ii) has its principal place of business within the United States;

(d) an entity that:

(i) is organized under the laws of a foreign country; or

(ii) has its principal place of business in a foreign country;

(e) an individual who is not lawfully admitted for the privilege of residing permanently in the United States as an immigrant in accordance with immigration laws and who is not:

(i) a citizen of the United States; or

(ii) a person who, though not a citizen of the United States, owes permanent allegiance to the United States; and

(f) any U.S. entity that is wholly or majority owned by any foreign national, unless:

(i) the entity employs individuals who pay income tax to the state of Montana and the entity pays property taxes to a taxing authority in the state of Montana; or

(ii) (A) any contribution or expenditure it makes derives entirely from funds generated by the U.S. entity's U.S. operations; and

(B) all decisions concerning the contribution or expenditure are made by individuals who are U.S. citizens or permanent residents, except for setting overall budget amounts.
Mont. Code Ann. § 13-37-119 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-119
13-37-119 Availability of information
Status: in_force

13-37-119 . Availability of information. (1) The commissioner shall make statements and other information filed with the commissioner's office available for public inspection and copying during regular office hours and make copying facilities available free of charge or at a charge not to exceed the actual cost.

(2) The commissioner shall preserve statements and other information filed with the commissioner's office for a period of 10 years from the date of receipt.

(3) The commissioner shall prepare and publish summaries of the statements received and other reports that the commissioner considers appropriate.

(4) The commissioner shall provide for wide public dissemination of summaries and reports.
Mont. Code Ann. § 13-35-701 — MT Code / Title 13 / Chapter 35 / Part 7 / Section 13-35-701
13-35-701 Short title
Status: in_force

13-35-701 . Short title. This part may be cited as the "Montana Ballot Interference Prevention Act".