Mont. Code Ann. § 13-15-401 — MT Code / Title 13 / Chapter 15 / Part 4 / Section 13-15-401
13-15-401 Governing body as board of county canvassers
Status: in_force

13-15-401 . Governing body as board of county canvassers. (1) The governing body of a county or consolidated local government is ex officio a board of county canvassers and shall meet as the board of county canvassers at the usual meeting place of the governing body at a time determined by the board and within 14 days after each election to complete the canvass of returns.

(2) If one or more of the members of the governing body cannot attend the meeting, the member's place must be filled by one or more county officers chosen by the remaining members of the governing body so that the board of county canvassers' membership equals the membership of the governing body.

(3) The governing body of any political subdivision in the county that participated in the election may join with the governing body of the county or consolidated local government in canvassing the votes cast at the election.

(4) The election administrator is secretary of the board of county canvassers and shall keep minutes of the meeting of the board and file them in the official records of the administrator's office.
Mont. Code Ann. § 13-35-703 — MT Code / Title 13 / Chapter 35 / Part 7 / Section 13-35-703
13-35-703 Ballot collection prohibited -- exceptions
Status: in_force

13-35-703 . Ballot collection prohibited -- exceptions. (1) Except as provided in subsection (2), a person may not knowingly collect a voter's voted or unvoted ballot.

(2) This section does not apply to:

(a) an election official;

(b) a United States postal service worker or other individual specifically authorized by law to transmit United States mail;

(c) a caregiver;

(d) a family member;

(e) a household member; or

(f) an acquaintance.

(3) An individual authorized to collect a voter's ballot pursuant to subsections (2)(c) through (2)(f) may not collect and convey more than six ballots.
Mont. Code Ann. § 13-27-228 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-228
13-27-228 Review by legislative committee
Status: in_force

13-27-228 . Review by legislative committee. (1) If the attorney general finds that a proposed statewide initiative is legally sufficient as provided in this part, the secretary of state shall provide the executive director of the legislative services division with a copy of the final text of the proposed statewide initiative and ballot statements. The executive director shall forward the information to the appropriate interim committee for review in accordance with 5-5-215 . If questions arise regarding which interim committee has jurisdiction over the matter, the executive director shall direct the review to the legislative council in accordance with 5-11-105 .

(2) (a) The appropriate interim committee or the legislative council shall meet and hold a public hearing after receiving the information and vote to either support or not support the placement of the proposed statewide initiative text on the ballot.

(b) The interim committee or the legislative council may request a fiscal note if one was previously not determined necessary and may request a revised fiscal note from the budget director if new information is provided which would impact the fiscal note determination or accuracy of the initial fiscal note.

(c) For the purposes of this section, proxies must be allowed for legislators unable to participate if a quorum of the interim committee or legislative council meets.

(d) Nothing in this section prevents the interim committee or legislative council from meeting remotely or via conference call or other electronic means.

(3) (a) The executive director shall provide written correspondence to the secretary of state stating the name of the council or interim committee that voted on the proposal pursuant to subsection (2)(a), the date of the vote, and the outcome of the vote conducted in accordance with this section.

(b) The outcome of the vote must be submitted to the secretary of state no later than 14 days after receipt of the final text of the proposed statewide initiative and ballot statements.

(4) The outcome of the vote by an interim committee or the legislative council may not be reflected in the statewide initiative's statement of purpose and implication, the statewide initiative's petition title, or the ballot title if the statewide initiative is placed on the ballot.
Mont. Code Ann. § 13-10-503 — MT Code / Title 13 / Chapter 10 / Part 5 / Section 13-10-503
13-10-503 Filing deadlines
Status: in_force

13-10-503 . Filing deadlines. (1) (a) A petition for nomination and the affidavits of circulation required by 13-27-302 must be filed with the same officer with whom other nominations for the office sought are filed. Petitions must be submitted, at least 1 week before the deadline for filing, to the election administrator in the county where the signer resides for verification and certification by the procedures provided in 13-27-303 through 13-27-306 .

(b) If sufficient signatures are verified and certified pursuant to 13-10-502 , the county election administrator shall file the petition for nomination with the same officer with whom other nominations for the office sought are filed.

(c) If the petition for nomination is not certified, the county election administrator shall refund the filing fee paid in accordance with 13-10-201 .

(2) Except as provided in 13-10-504 , each petition for nomination must be filed before the scheduled primary election or the filing deadline for the special or general election if a primary election is not scheduled.
Mont. Code Ann. § 13-28-101 — MT Code / Title 13 / Chapter 28 / Part 1 / Section 13-28-101
13-28-101 Purpose
Status: in_force

13-28-101 . Purpose. The right of the people to exercise the rights of initiative and referendum in a local government unit is guaranteed by Article XI, section 8, of the Montana constitution and may be exercised through adherence to the procedures established in this chapter.
Mont. Code Ann. § 13-13-244 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-244
13-13-244 Opening of signature envelopes after deposit
Status: in_force

13-13-244 . Opening of signature envelopes after deposit. If a signature envelope containing an absentee ballot has been deposited unopened in the ballot box and the envelope has not been marked rejected, the signature envelope must be processed as provided in 13-13-241 .
Mont. Code Ann. § 13-37-113 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-113
13-37-113 Hiring of attorneys -- prosecutions
Status: in_force

13-37-113 . Hiring of attorneys -- prosecutions. The commissioner may hire or retain attorneys who are properly licensed to practice before the supreme court of the state of Montana to prosecute violations of chapter 35 of this title or this chapter. Any attorney retained or hired shall exercise the powers of a special attorney general, and the attorney may prosecute, subject to the control and supervision of the commissioner and the provisions of 13-37-124 and 13-37-125 , any criminal or civil action arising out of a violation of any provision of chapter 35 of this title or this chapter. All prosecutions must be brought in the state district court for the county in which a violation has occurred. The authority to prosecute as prescribed by this section includes the authority to:

(1) institute proceedings for the arrest of persons charged with or reasonably suspected of criminal violations of chapter 35 of this title or this chapter;

(2) attend and give advice to a grand jury when cases involving criminal violations of chapter 35 of this title or this chapter are presented;

(3) draw and file indictments, informations, and criminal complaints;

(4) prosecute all actions for the recovery of debts, fines, penalties, or forfeitures accruing to the state or county from persons convicted of violating chapter 35 of this title or this chapter; and

(5) do any other act necessary to successfully prosecute a violation of any provision of chapter 35 of this title or this chapter.
Mont. Code Ann. § 13-36-102 — MT Code / Title 13 / Chapter 36 / Part 1 / Section 13-36-102
13-36-102 Time for commencing contest
Status: in_force

13-36-102 . Time for commencing contest. (1) Five days or less after a candidate has been certified as nominated, a person wishing to contest the nomination to any public office shall give notice in writing to the candidate whose nomination the person intends to contest, briefly stating the cause for the contest. The contestant shall make application to the district court in the county where the contest is to be had. The judge shall then set the time for the hearing. The contestant shall serve notice 3 days before the hearing is scheduled. The notice must state the time and place of the hearing.

(2) Any action to contest the right of a candidate to be declared elected to an office or to annul and set aside the election or to remove from or deprive any person of an office of which the person is the incumbent for any offense mentioned in this title must, unless a different time is stated, be commenced within 1 year after the day of election at which the offense was committed.
Mont. Code Ann. § 13-36-201 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-201
13-36-201 Contents of contest petition
Status: in_force

13-36-201 . Contents of contest petition. Any petition contesting the right of any person to a nomination or election must set forth the name of every person whose election is contested and the grounds of the contest. The petition may not be amended unless the amendment is authorized by a court.
Mont. Code Ann. § 13-17-204 — MT Code / Title 13 / Chapter 17 / Part 2 / Section 13-17-204
13-17-204 Voting systems to be exhibited
Status: in_force

13-17-204 . Voting systems to be exhibited. A voting system must be on exhibition in the office of the election administrator of any county where the voting system is used and may be exhibited at other locations. The election administrator shall demonstrate the voting system to any inquiring elector.
Mont. Code Ann. § 13-2-107 — MT Code / Title 13 / Chapter 2 / Part 1 / Section 13-2-107
13-2-107 Statewide voter registration system -- information-sharing agreements
Status: in_force

13-2-107 . Statewide voter registration system -- information-sharing agreements. (1) The secretary of state shall establish, in a uniform and nondiscriminatory manner, a single official, centralized, and interactive computerized statewide voter registration system that meets the requirements of 42 U.S.C. 15483.

(2) (a) The statewide voter registration system must be used as the official list of registered electors for the conduct of all elections subject to this title.

(b) The system must contain the name and registration information of each registered elector.

(c) Each election administrator must be provided with immediate electronic access to the system.

(d) The secretary of state shall provide the technical support required to assist election administrators to enter, maintain, and access information in the statewide voter registration system.

(3) As provided in 42 U.S.C. 15483:

(a) the secretary of state and the attorney general shall enter into an agreement to match information in the statewide voter registration list with information in the motor vehicle licensing database to the extent required to verify voter registration information; and

(b) the attorney general shall enter into an agreement with the United States commissioner of social security for the purpose of verifying voter registration information.
Mont. Code Ann. § 13-4-207 — MT Code / Title 13 / Chapter 4 / Part 2 / Section 13-4-207
13-4-207 Judges to remain at polls -- emergency provisions -- part-time service
Status: in_force

13-4-207 . Judges to remain at polls -- emergency provisions -- part-time service. (1) Election judges may not leave the premises on which the polling place is located during the hours they are assigned to work unless permission to leave is given by the chief election judge for that precinct. Permission may be granted only for illness or a family emergency.

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

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

(4) The election administrator may appoint a judge to replace an excused judge or one who fails to appear.

(5) The election administrator may assign a judge or chief election judge to work less than a full polling day, but at least three judges, including a chief election judge, must be on duty during the time that the polls are open.
Mont. Code Ann. § 13-37-130 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-130
13-37-130 Limitation of action
Status: in_force

13-37-130 . Limitation of action. An action may not be brought under 13-37-128 and 13-37-129 more than 2 years after the occurrence of the facts that give rise to the action. No more than one judgment against a particular defendant may be had on a single state of facts. The civil action created in 13-37-128 and 13-37-129 is the exclusive remedy for violation of the contribution, expenditure, and reporting provisions of this chapter. These provisions are not subject to the misdemeanor penalties of 13-35-103 but may be a ground for contest of election or removal from office as provided in 13-35-106 (3) and Title 13, chapter 36.
Mont. Code Ann. § 13-16-211 — MT Code / Title 13 / Chapter 16 / Part 2 / Section 13-16-211
13-16-211 Recounts allowed if bond posted to cover all costs
Status: in_force

13-16-211 . Recounts allowed if bond posted to cover all costs. (1) If a candidate for a public office is defeated by a margin exceeding 1/4 of 1% but not exceeding 1/2 of 1% of the total votes cast for all candidates for the same position, the candidate may, within 5 days after the official canvass, file with the officer with whom the candidate's declaration or petition for nomination was filed a petition stating that the candidate believes a recount will change the result of the election.

(2) The unsuccessful candidate shall post a bond with the election administrator of the county in which the candidate resides. The bond must be in an amount set by the election administrator sufficient to cover all costs of the recount incurred by each county in which a recount is sought, which may include the following:

(a) compensation for the county recount board, the election administrator, and any additional personnel needed to participate in the recount; and

(b) necessary supplies and travel related to the recount.

(3) Upon the filing of a petition and posting of a bond under this section, the county recount board, as designated in 13-16-101 , in each county affected shall meet and recount the ballots specified in the petition.
Mont. Code Ann. § 13-28-201 — MT Code / Title 13 / Chapter 28 / Part 2 / Section 13-28-201
13-28-201 Procedure for election on local government petition
Status: in_force

13-28-201 . Procedure for election on local government petition. (1) Except as provided in 7-5-131 , the electors of a local government may, by petition, request an election on whether to enact, repeal, or amend an ordinance.

(2) Except as provided in 13-28-206 (3), a petition under this part signed by at least 15% of the local government's qualified electors is sufficient to require an election. In order to determine the number of signatures needed on a petition to meet the percentage requirements of this subsection, the number of electors must be the number of individuals registered to vote at the preceding general election for the local government.

(3) (a) Before a petition may be circulated for signatures, a sample petition must be submitted in the form in which it will be circulated to the county election administrator. On receiving the sample petition, the county election administrator shall designate a ballot issue and its number pursuant to subsection (3)(b) and then promptly refer a copy of the sample petition to the attorney for the relevant local government unit.

(b) The election administrator shall serially number all submitted petitions that are approved as to form continuously from year to year. The numbering system must distinguish the different types of petitions received and include provisions for numbering measures referred to the people by a governing body. The election administrator may distinguish the numbering system for each local government unit.

(4) (a) The local government attorney shall review the sample petition for proper form and compliance with 7-5-131 and this chapter.

(b) If the sample petition is rejected as to form, within 21 days after submission of the sample petition, the local government attorney shall send written notice and a statement of the reasons for rejection to the person who submitted the sample petition and the county election administrator.

(c) If the sample petition is approved as to form, within 21 days after submission of the sample petition, the local government attorney shall send written notice to the person who submitted the sample petition and the county election administrator. This notice must include the statement of purpose and implication and the yes and no statement prepared by the local government attorney pursuant to subsections (5) and (6) of this section.

(5) If the sample petition is approved as to form, the local government attorney shall prepare a concise statement of purpose and implication not exceeding 135 words. The statement of purpose and implication must be an accurate and impartial explanation of the purpose of the proposed ballot issue in plain, easily understood language. The statement may not be an argument and may not be written so as to create prejudice for or against the issue. The statement prepared pursuant to this subsection, unless altered by court order, must be used as the petition title and the ballot statement if the issue is placed on the ballot. For the purposes of this subsection, the word limit does not apply to additional statements required on the ballot by law, including those provided in 7-7-111 and 15-10-425 (3).

(6) (a) At the time the statement of purpose and implication is prepared, the local government attorney shall prepare a yes and no statement. A yes and no statement specifies that a positive vote indicates support for the issue and a negative vote indicates opposition to the issue.

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

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

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

(c) The type of ballot issue and its number required by subsection (6)(b) must be designated by the election administrator at the time the petition is sent to the local government attorney for review as provided in subsection (3).

(d) The yes and no statement may not include additional material beyond the requirements of subsection (6)(b).
Mont. Code Ann. § 13-38-104 — MT Code / Title 13 / Chapter 38 / Part 1 / Section 13-38-104
13-38-104 Party rules to be filed with secretary of state
Status: in_force

13-38-104 . Party rules to be filed with secretary of state. The state central committee of each political party in this state must file a current copy of the rules of government of the party with the secretary of state.
Mont. Code Ann. § 13-25-306 — MT Code / Title 13 / Chapter 25 / Part 3 / Section 13-25-306
13-25-306 Presiding officer -- elector vacancy
Status: in_force

13-25-306 . Presiding officer -- elector vacancy. (1) The secretary of state shall preside at the meeting of the electors described in 13-25-307 (1).

(2) The position of an elector not present to vote is considered vacant, and the secretary of state shall appoint an individual as a substitute elector as follows:

(a) if the alternate elector is present to vote, by appointing the alternate elector for the vacant position;

(b) if the alternate elector is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who are nominated by the same political party or unaffiliated presidential candidate;

(c) if the number of alternate electors present to vote is insufficient to fill a vacant position pursuant to subsection (2)(a) or (2)(b), by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by and plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains;

(d) if there is a tie between two nominees for substitute elector in a vote conducted under subsection (2)(c), by appointing an elector chosen by lot from among those nominees; or

(e) if all elector positions are vacant and cannot be filled pursuant to subsections (2)(a) through (2)(d), by appointing a single presidential elector, with remaining vacant positions to be filled pursuant to subsection (2)(c) and, if necessary, subsection (2)(d).

(3) To qualify as a substitute elector under subsection (2), an individual who has not executed the pledge required by 13-25-304 shall execute the following pledge: "I agree to serve and to mark my ballots for president and vice president consistent with the pledge of the individual to whose elector position I have succeeded."
Mont. Code Ann. § 13-1-101 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-101
13-1-101 Definitions
Status: in_force

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

(1) "Accepted ballot" means a ballot that has been completed by an elector and the election administrator has determined that it may be counted.

(2) "Active elector" means an elector whose name has not been placed on the inactive list due to failure to respond to confirmation notices pursuant to 13-2-220 or 13-19-313 .

(3) "Active list" means a list of active electors maintained pursuant to 13-2-220 .

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

(5) "Application for voter registration" means a voter registration form prescribed by the secretary of state that is completed and signed by an elector, is submitted to the election administrator, and contains voter registration information subject to verification as provided by law.

(6) "Ballot" means a paper ballot counted manually or a paper ballot counted by a machine, such as an optical scan system or other technology that automatically tabulates votes cast by processing the paper ballots.

(7) (a) "Ballot issue" or "issue" means a proposal submitted to the people at an election for their approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment, recall question, school levy question, bond issue question, or ballot question.

(b) For the purposes of chapters 35 and 37, an issue becomes a "ballot issue" upon certification by the proper official that the legal procedure necessary for its qualification and placement on the ballot has been completed, except that a statewide issue becomes a "ballot issue" upon preparation and transmission by the secretary of state of the form of the petition or referral to the person who submitted the proposed issue.

(8) "Ballot issue committee" means a political committee specifically organized to support or oppose a ballot issue.

(9) "Ballot number variance" means the difference between the number of ballots issued for both poll electors and absentee electors and the number of ballots counted.

(10) "Candidate" means:

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

(b) for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure nomination or election to any office at any time, whether or not the office for which the individual will seek nomination or election is known when the:

(i) solicitation is made;

(ii) contribution is received and retained; or

(iii) expenditure is made; or

(c) an officeholder who is the subject of a recall election.

(11) "Challenged ballot" means a ballot cast by an individual whose eligibility to vote has been challenged pursuant to 13-13-301 .

(12) (a) "Contribution" means:

(i) the receipt by a candidate or a political committee of an advance, gift, loan, conveyance, deposit, payment, or distribution of money or anything of value to support or oppose a candidate or a ballot issue;

(ii) an expenditure, including an in-kind expenditure, that is made in coordination with a candidate or ballot issue committee and is reportable by the candidate or ballot issue committee as a contribution;

(iii) the receipt by a political committee of funds transferred from another political committee; or

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

(b) The term does not mean:

(i) services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee;

(ii) meals and lodging provided by individuals in their private residences for a candidate or other individual;

(iii) the use of a person's real property for a fundraising reception or other political event; or

(iv) the cost of a communication not for distribution to the general public by a religious organization exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious beliefs or practices.

(c) This definition does not apply to Title 13, chapter 37, part 6.

(13) "Coordinated", including any variations of the term, means made in cooperation with, in consultation with, at the request of, or with the express prior consent of a candidate or political committee or an agent of a candidate or political committee.

(14) "De minimis act" means an action, contribution, or expenditure that is so small that it does not trigger registration, reporting, disclaimer, or disclosure obligations under Title 13, chapter 35 or 37, or warrant enforcement as a campaign practices violation under Title 13, chapter 37.

(15) "Disability" means a temporary or permanent mental or physical condition, such as:

(a) impaired vision;

(b) being deaf or hard of hearing;

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

(d) impaired mental or physical functioning that makes it difficult for the person to participate in the process of voting.

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

(17) (a) "Election administrator" means, except as provided in subsection (17)(b), the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties, except that with regard to school elections not administered by the county, the term means the school district clerk.

(b) As used in chapter 2 regarding voter registration, the term means the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties even if the school election is administered by the school district clerk.

(18) (a) "Election communication" means the following forms of communication to support or oppose a candidate or ballot issue:

(i) a paid advertisement broadcast over radio, television, cable, or satellite;

(ii) paid placement of content on the internet or other electronic communication network;

(iii) a paid advertisement published in a newspaper or periodical or on a billboard;

(iv) a mailing; or

(v) printed materials.

(b) The term does not mean:

(i) an activity or communication for the purpose of encouraging individuals to register to vote or to vote, if that activity or communication does not mention or depict a clearly identified candidate or ballot issue;

(ii) a communication that does not support or oppose a candidate or ballot issue;

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

(iv) a communication by any membership organization or corporation to its members, stockholders, or employees;

(v) a communication not for distribution to the general public by a religious organization exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious beliefs or practices; or

(vi) a communication that the commissioner determines by rule is not an election communication.

(19) "Election judge" means a person who is appointed pursuant to Title 13, chapter 4, part 1, to perform duties as specified by law.

(20) "Election official" means an election administrator, election deputy, or election judge.

(21) "Election worker" means an individual designated by an election official to perform election support duties.

(22) (a) "Electioneering communication" means a paid communication that is publicly distributed by radio, television, cable, satellite, internet website, newspaper, periodical, billboard, mail, or any other distribution of printed materials, that is made within 60 days of the initiation of voting in an election, that does not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the district voting on the candidate or ballot issue, and that:

(i) refers to one or more clearly identified candidates in that election;

(ii) depicts the name, image, likeness, or voice of one or more clearly identified candidates in that election; or

(iii) refers to a political party, ballot issue, or other question submitted to the voters in that election.

(b) The term does not mean:

(i) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, internet website, or other periodical publication of general circulation unless the facilities are owned or controlled by a candidate or political committee;

(ii) a communication by any membership organization or corporation to its members, stockholders, or employees;

(iii) a commercial communication that depicts a candidate's name, image, likeness, or voice only in the candidate's capacity as owner, operator, or employee of a business that existed prior to the candidacy;

(iv) a communication that constitutes a candidate debate or forum or that solely promotes a candidate debate or forum and is made by or on behalf of the person sponsoring the debate or forum;

(v) a communication not for distribution to the general public by a religious organization exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious beliefs or practices; or

(vi) a communication that the commissioner determines by rule is not an electioneering communication.

(23) "Elector" means an individual qualified to vote under state law.

(24) (a) "Expenditure" means a purchase, payment, distribution, loan, advance, promise, pledge, or gift of money or anything of value:

(i) made by a candidate or political committee to support or oppose a candidate or a ballot issue;

(ii) made by a candidate while the candidate is engaging in campaign activity to pay child-care expenses as provided in 13-37-220 ; or

(iii) used or intended for use in making independent expenditures or in producing electioneering communications.

(b) The term does not mean:

(i) services, food, or lodging provided in a manner that they are not considered contributions as defined in this section;

(ii) except as provided in subsection (24)(a)(ii), payments by a candidate for personal travel expenses, food, clothing, lodging, or personal necessities for the candidate and the candidate's family;

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

(iv) the cost of any communication by any membership organization or corporation to its members or stockholders or employees;

(v) the use of a person's real property for a fundraising reception or other political event; or

(vi) the cost of a communication not for distribution to the general public by a religious organization exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious beliefs or practices.

(c) This definition does not apply to Title 13, chapter 37, part 6.

(25) "Federal election" means an election in even-numbered years in which an elector may vote for individuals for the office of president of the United States or for the United States congress.

(26) "General election" means an election that is held for offices that first appear on a primary election ballot, unless the primary is canceled as authorized by law, and that is held on a date specified in 13-1-104 .

(27) "Inactive elector" means an individual who failed to respond to confirmation notices and whose name was placed on the inactive list pursuant to 13-2-220 or 13-19-313 .

(28) "Inactive list" means a list of inactive electors maintained pursuant to 13-2-220 or 13-19-313 .

(29) (a) "Incidental committee" means a political committee that is not specifically organized or operating for the primary purpose of supporting or opposing candidates or ballot issues but that may incidentally become a political committee by receiving a contribution or making an expenditure.

(b) For the purpose of this subsection (29), the primary purpose is determined by the commissioner by rule and includes criteria such as the allocation of budget, staff, or members' activity or the statement of purpose or goal of the person or individuals that form the committee.

(30) "Independent committee" means a political committee organized for the primary purpose of receiving contributions and making expenditures that is not controlled either directly or indirectly by a candidate and that does not coordinate with a candidate in conjunction with the making of expenditures except pursuant to the limits set forth in 13-37-216 (1).

(31) "Independent expenditure" means an expenditure for an election communication to support or oppose a candidate or ballot issue made at any time that is not coordinated with a candidate or ballot issue committee.

(32) "Individual" means a human being.

(33) "Legally registered elector" means an individual whose application for voter registration was accepted, processed, and verified as provided by law.

(34) "Mail ballot election" means any election that is conducted under Title 13, chapter 19, by mailing ballots to all active electors.

(35) "Overvote" means the number of selections made by an elector on a ballot is more than the maximum number allowed.

(36) "Person" means an individual, corporation, association, firm, partnership, cooperative, committee, including a political committee, club, union, or other organization or group of individuals or a candidate as defined in this section.

(37) "Place of deposit" means a location designated by the election administrator pursuant to 13-19-307 for a mail ballot election conducted under Title 13, chapter 19.

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

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

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

(iii) to prepare or disseminate an election communication, an electioneering communication, or an independent expenditure.

(b) Political committees include ballot issue committees, incidental committees, independent committees, and political party committees.

(c) A candidate and the candidate's treasurer do not constitute a political committee.

(d) A political committee is not formed when:

(i) a combination of two or more individuals or a person other than an individual makes an election communication, an electioneering communication, or an independent expenditure of $250 or less; or

(ii) two or more candidates make an election communication or an electioneering communication together in support of their own campaigns.

(e) A joint fundraising committee is not a political committee.

(39) "Political party committee" means a political committee formed by a political party organization and includes all county and city central committees.

(40) "Political party organization" means a political organization that:

(a) was represented on the official ballot in either of the two most recent statewide general elections; or

(b) has met the petition requirements provided in Title 13, chapter 10, part 5.

(41) "Political subdivision" means a county, consolidated municipal-county government, municipality, special purpose district, or any other unit of government, except school districts, having authority to hold an election.

(42) "Polling place election" means an election primarily conducted at polling places rather than by mail under the provisions of Title 13, chapter 19.

(43) "Primary" or "primary election" means an election held on a date specified in 13-1-107 to nominate candidates for offices filled at a general election.

(44) "Provisional ballot" means a ballot cast by an elector whose identity or eligibility to vote has not been verified as provided by law.

(45) "Provisionally registered elector" means an individual whose application for voter registration was accepted but whose identity or eligibility has not yet been verified as provided by law.

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

(47) "Random-sample audit" means an audit involving a manual count of ballots from designated races and ballot issues in precincts selected through a random process as provided in 13-17-503 and 13-17-510 .

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

(49) "Regular ballot" means an official ballot that has been issued to an elector.

(50) "Regular school election" means the school trustee election provided for in 20-20-105 (1).

(51) "Rejected ballot" means a ballot that has been cast but cannot be counted by law.

(52) "Religious organization" means a house of worship with the major purpose of supporting religious activities, including but not limited to a church, mosque, shrine, synagogue, or temple. The organic documents of the organization must list a formal code of doctrine and discipline, and the organization must spend the majority of its money on religious activities such as regular religious services, educational preparation for its ministers, development and support of its ministers, membership development, outreach and support, and the production and distribution of religious literature developed by the organization.

(53) "Replacement ballot" means a regular ballot issued by an election administrator or election judge to replace a regular ballot.

(54) "Report of the canvass" means a report that contains the information required to be entered into the record at the canvass as provided in 13-15-404 and 13-15-506 .

(55) "School election" has the meaning provided in 20-1-101 .

(56) "School election filing officer" means the filing officer with whom the declarations for nomination for school district office were filed or with whom the school ballot issue was filed.

(57) "School recount board" means the board authorized pursuant to 20-20-420 to perform recount duties in school elections.

(58) "Signature envelope" means an envelope that contains a secrecy envelope and ballot and that is designed to:

(a) allow election officials, upon examination of the outside of the envelope, to determine that the ballot is being submitted by someone who is in fact a qualified elector and who has not already voted; and

(b) allow it to be used in the United States mail.

(59) "Special election" means an election held on a day other than the day specified for a primary election, general election, or regular school election.

(60) "Special purpose district" means an area with special boundaries created as authorized by law for a specialized and limited purpose.

(61) "Spoiled ballot" means a ballot that has been mistakenly marked, damaged, or altered.

(62) "Statewide voter registration list" means the voter registration list established and maintained pursuant to 13-2-107 and 13-2-108 .

(63) "Support or oppose", including any variations of the term, means:

(a) using express words, including but not limited to "vote", "oppose", "support", "elect", "defeat", or "reject", that call for the nomination, election, or defeat of one or more clearly identified candidates, the election or defeat of one or more political parties, or the passage or defeat of one or more ballot issues submitted to voters in an election; or

(b) otherwise referring to or depicting one or more clearly identified candidates, political parties, or ballot issues in a manner that is susceptible of no reasonable interpretation other than as a call for the nomination, election, or defeat of the candidate in an election, the election or defeat of the political party, or the passage or defeat of the ballot issue or other question submitted to the voters in an election.

(64) "Undervote" means when the number of choices selected by an elector on a ballot is less than the maximum number allowed for that contest or when no selection is made for a single-choice contest.

(65) "Valid vote" means a vote that has been counted as valid or determined to be valid as provided in 13-15-206 .

(66) "Voided ballot" means a ballot that has been marked "void" by an election administrator.

(67) "Voted ballot" means a ballot that is:

(a) deposited in the ballot box at a polling place;

(b) received at the election administrator's office; or

(c) returned to a place of deposit.

(68) "Voter interface device" means a voting system that:

(a) is accessible to electors with disabilities;

(b) communicates voting instructions and ballot information to a voter;

(c) allows the voter to select and vote for candidates and issues and to verify and change selections; and

(d) produces a paper ballot that displays electors' choices so the elector can confirm the ballot's accuracy and that may be manually counted.

(69) "Voting system" or "system" means any machine, device, technology, or equipment used to automatically record, tabulate, or process the vote of an elector cast on a paper ballot.
Mont. Code Ann. § 13-37-225 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-225
13-37-225 Reports of contributions and expenditures required -- electronic filing and publication
Status: in_force

13-37-225 . Reports of contributions and expenditures required -- electronic filing and publication. (1) (a) Except as provided in 13-37-206 and subsections (1)(b) and (1)(c), each candidate, political committee, and joint fundraising committee shall file with the commissioner periodic electronic reports of contributions and expenditures made by or on the behalf of a candidate, political committee, or joint fundraising committee.

(b) The commissioner may, for good cause shown in a written application by a candidate, political committee, or joint fundraising committee grant a waiver to the requirement that reports be filed electronically.

(c) (i) If a candidate or treasurer for a political committee or a joint fundraising committee experiences technical difficulties with the electronic report filing system, the candidate or treasurer may file by fax or e-mail the same information in hard copy with the commissioner that would otherwise be required by subsection (1)(a) to be filed electronically. Within 3 days of filing the required information in hard copy, the candidate or treasurer shall file the information electronically.

(ii) A filing made pursuant to subsection (1)(c)(i) must be considered the same as an electronic submission. The commissioner may not include a candidate in the notification to the secretary of state required by 13-37-126 (5) if the candidate meets the requirements of subsection (1)(c)(i).

(d) To facilitate the implementation of subsection (1)(c), the commissioner shall provide an interactive document that can be filled out by the candidate or treasurer and printed, e-mailed, or faxed.

(2) The commissioner shall post on the commissioner's website:

(a) all reports filed under 13-37-226 within 7 business days of filing; and

(b) for each election, the calendar dates that correspond with the filing requirements of 13-37-226 .

(3) In lieu of all contribution and expenditure reports required by this chapter, the commissioner shall accept copies of the reports filed by candidates for congress and president of the United States and their political committees pursuant to the requirements of federal law.

(4) A person who makes an election communication, electioneering communication, or independent expenditure is subject to reporting and disclosure requirements as provided in chapters 35 and 37 of this title.
Mont. Code Ann. § 13-10-608 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-608
13-10-608 Verification of signatures by county -- fraudulent or duplicate signatures
Status: in_force

13-10-608 . Verification of signatures by county -- fraudulent or duplicate signatures. (1) The county official shall check the names of all signers to verify they are registered electors. In addition, the official shall check all signatures on each sheet or section and compare them with the signatures of the electors as they appear in the records of the office. A signature may not be counted unless the elector has signed in substantially the same manner as it appears in the records of the office. If the elector is registered with a first and middle name, the use of an initial instead of either the first or middle name, but not both names, need not disqualify the signature. The signature may be counted so long as the signature, taken as a whole, bears sufficient similarity to the signature on the registration form as to provide reasonable certainty of its authenticity.

(2) Upon discovery of fraudulent signatures or duplicate signatures of an elector on any one issue, the election administrator may submit the name of the elector or the signature gatherer, or both, to the county attorney to be investigated under the provisions of 13-35-250 and 13-35-207 .
Mont. Code Ann. § 13-27-241 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-241
13-27-241 Petition for constitutional initiative
Status: in_force

13-27-241 . Petition for constitutional initiative. (1) The following is substantially the form for a petition for a constitutional initiative:

PETITION TO PLACE CONSTITUTIONAL AMENDMENT NO.____ ON THE ELECTION BALLOT

(a) If 10% of the voters in each of two-fifths of the legislative representative districts (totaling 40 legislative representative districts) sign this petition and the total number of voters signing the petition is _____, this constitutional amendment will appear on the next general election ballot. If a majority of voters vote for this amendment at that election, it will become part of the constitution.

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

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

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

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

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

(e)

WARNING

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

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

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

(b)

WARNING

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

(3) Numbered lines must follow the heading. Each numbered line must contain spaces for the signature, date, residence address, county of residence, and printed last name and first and middle initials of the signer. In place of a residence address, the signer may provide the signer's post-office address or the signer's home telephone number. An address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter registration form may not be used as the only means to disqualify the signature of that petition signer.
Mont. Code Ann. § 13-2-124 — MT Code / Title 13 / Chapter 2 / Part 1 / Section 13-2-124
13-2-124 Registration provisions for United States electors supersede
Status: in_force

13-2-124 . Registration 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. § 13-1-205 — MT Code / Title 13 / Chapter 1 / Part 2 / Section 13-1-205
13-1-205 Statewide elections infrastructure -- rulemaking
Status: in_force

13-1-205 . Statewide elections infrastructure -- rulemaking. (1) (a) On or before July 1, 2022, the secretary of state shall adopt rules defining and governing election security.

(b) The secretary of state and county election administrators shall annually assess their compliance with election security rules established in accordance with subsection (1)(a). County election administrators shall provide the results of the assessments to the secretary of state in January of each year to ensure that all aspects of elections in the state are secure. Security assessments are considered confidential information as defined in 2-6-1002 .

(2) Beginning January 1, 2023, and each year after, the secretary of state shall provide an annual summary report on statewide election security. The report must be provided to the state administration and veterans' affairs interim committee in accordance with 5-11-210 .
Mont. Code Ann. § 13-12-101 — MT Code / Title 13 / Chapter 12 / Part 1 / Section 13-12-101
13-12-101 Copies of election laws to be furnished
Status: in_force

13-12-101 . Copies of election laws to be furnished. The secretary of state shall furnish to each election administrator copies of this title sufficient to provide each election precinct in the administrator's county with two copies and to provide a small extra supply for the administrator.
Mont. Code Ann. § 13-1-112 — MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-112
13-1-112 Rules for determining residence
Status: in_force

13-1-112 . Rules for determining residence. For registration, voting, or seeking election to the legislature, the residence of an individual must be determined by the following rules as far as they are applicable:

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

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

(3) (a) An individual in the armed forces of the United States may not become a resident solely as a result of being stationed at a military facility in the state.

(b) An individual may not acquire a residence solely as a result of being employed or stationed at a training or other transient camp maintained by the United States within the state.

(c) A member of a reserve component of the United States armed forces who is stationed outside of the state but who has no intent of changing residency retains resident status.

(4) An individual does not lose residence if the individual goes into another state or other district of this state for temporary purposes with the intention of returning, unless the individual exercises the election franchise in the other state or district.

(5) An individual may not gain residency in a county or the state of Montana if the individual relocates for temporary purposes, such as temporary work, training, or an educational program, without the intention of making that county or the state the individual's permanent home at the conclusion of the temporary work, training, or educational program.

(6) If an individual moves to another state with the intention of making it the individual's residence, the individual loses residence in this state.

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

(8) A change of residence may be made only by the act of removal joined with intent to remain in another place.
Mont. Code Ann. § 13-1-404 — MT Code / Title 13 / Chapter 1 / Part 4 / Section 13-1-404
13-1-404 Deadline for absentee ballots and mail ballots
Status: in_force

13-1-404 . Deadline for absentee ballots and mail ballots. (1) Pursuant to 13-13-205 , ballots for a local government election must be:

(a) available for absentee voting in person at least 30 days before election day; and

(b) mailed to absentee voters at least 25 days prior to election day.

(2) Pursuant to 13-19-207 , ballots for a local government election conducted by mail must be mailed no sooner than the 20th day and no later than the 15th day before election day.
Mont. Code Ann. § 13-35-602 — MT Code / Title 13 / Chapter 35 / Part 6 / Section 13-35-602
13-35-602 Definitions
Status: in_force

13-35-602 . Definitions. As used in this part, the following definitions apply:

(1) "Campaign literature" means material that advocates the success or defeat of a candidate, political party, or ballot issue.

(2) "Third-party registrar" means a person, other than an election official, who is supporting an organized effort to register voters or to assist voters in applying for absentee ballots.
Mont. Code Ann. § 13-37-229 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-229
13-37-229 Disclosure requirements for candidates, ballot issue committees, political party committees, and independent committees -- exceptions
Status: in_force

13-37-229 . Disclosure requirements for candidates, ballot issue committees, political party committees, and independent committees -- exceptions. (1) The reports required under 13-37-225 through 13-37-227 from candidates, ballot issue committees, political party committees, independent committees, and joint fundraising committees must disclose the following information concerning contributions received:

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

(b) the full name, mailing address, occupation, and employer, if any, of each person who has made aggregate contributions, other than loans, of $50 or more to a candidate, political committee, or joint fundraising committee, including the purchase of tickets and other items for events, such as dinners, luncheons, rallies, and similar fundraising events. If a contribution is made by a joint fundraising committee to a participant in the joint fundraising committee, the participant shall disclose the information in this subsection (1)(b) for each contributor of the funds allocated to the participant by the joint fundraising committee.

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

(d) the total sum of individual contributions made to or for a political committee, candidate, or joint fundraising committee and not reported under subsections (1)(b) and (1)(c);

(e) the name and address of each political committee, candidate, or joint fundraising committee from which the reporting committee or candidate received any transfer of funds, together with the amount and dates of all transfers;

(f) each loan from any person during the reporting period, together with the full names, mailing addresses, occupations, and employers, if any, of the lender and endorsers, if any, and the date and amount of each loan;

(g) except as provided in subsection (5), the amount and nature of debts and obligations owed to a political committee, candidate, or joint fundraising committee in the form prescribed by the commissioner;

(h) an itemized account of proceeds that total less than $50 from a person from mass collections made at fundraising events;

(i) each contribution, rebate, refund, or other receipt not otherwise listed under subsections (1)(b) through (1)(h) during the reporting period; and

(j) the total sum of all receipts received by or for the committee or candidate during the reporting period.

(2) (a) Except as provided in subsection (2)(c), the reports required under 13-37-225 through 13-37-227 from candidates, ballot issue committees, political party committees, independent committees, and joint fundraising committees must disclose the following information concerning expenditures made:

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

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

(iii) the total sum of expenditures made by a political committee, candidate, or joint fundraising committee during the reporting period. If the expenditure is made by a joint fundraising committee, the joint fundraising committee shall report gross and net allocations to each participant.

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

(v) the name of any person to whom a loan was made during the reporting period, including the full name, mailing address, occupation, and principal place of business, if any, of that person and the full names, mailing addresses, occupations, and principal places of business, if any, of the endorsers, if any, and the date and amount of each loan;

(vi) except as provided in subsection (5), the amount and nature of debts and obligations owed by a political committee, candidate, or joint fundraising committee in the form prescribed by the commissioner; and

(vii) if a joint fundraising committee allocated contributions to a participant, the contribution information under subsections (1)(a) through (1)(c) for each contributor that contributed to the gross amount allocated by the joint fundraising committee to the participant.

(b) Reports of expenditures made to a consultant, advertising agency, polling firm, or other person that performs services for or on behalf of a candidate, political committee, or joint fundraising 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.

(c) A candidate is required to report the information specified in this subsection (2) only if the transactions involved were undertaken for the purpose of supporting or opposing a candidate.

(d) Subsection (2)(a)(vii) applies only to the report of a joint fundraising committee.

(3) (a) A candidate, a political committee, or a joint fundraising committee is not required to report the following expenditures under the 2-business-day reporting requirements in 13-37-226 (1)(d) and (2)(d):

(i) bookkeeping expenses paid to track and ensure campaign finance compliance;

(ii) payroll expenditures;

(iii) mileage; and

(iv) payment on a previously disclosed debt.

(b) A candidate, a political committee, or a joint fundraising committee is not relieved of the duty to report the expenditures listed in subsection (3)(a) in the next periodic report.

(4) A candidate is not required to report:

(a) contributions received from a political party committee for compensation of the personal services of another person that are rendered to the candidate if the political party committee reports the amount of contributions made to the candidate in the form of personal services; and

(b) tangible campaign materials such as campaign signage, literature, or photographs produced for a previous campaign or video produced for a previous campaign if the expenditures to produce the tangible materials or video were reported in a previous campaign by the candidate.

(5) A candidate, political committee, or joint fundraising committee is not required to report a debt or obligation unless the debt or obligation exists and has not been paid as of the day the report must be filed.
Mont. Code Ann. § 13-14-118 — MT Code / Title 13 / Chapter 14 / Part 1 / Section 13-14-118
13-14-118 Vacancies among nominees after nomination and before general election
Status: in_force

13-14-118 . Vacancies among nominees after nomination and before general election. (1) If after the primary election and before the 85th day before the general election a candidate is not able to run for the office for any reason, the vacancy must be filled by the candidate next in rank in number of votes received in the primary election.

(2) If a vacancy for a nonpartisan nomination cannot be filled as provided in subsection (1) and the vacancy occurs no later than 85 days before the general election, a 10-day period for accepting declarations for nomination or statements of candidacy and nominating petitions for the office must be declared by:

(a) the governor for national, state, judicial district, legislative, or any multicounty district office;

(b) the governing body of the appropriate political subdivision for all other offices.

(3) The names of the candidates who filed as provided in subsection (2) must be certified and must appear on the general election ballot in the same manner as candidates nominated in the primary.

(4) If the vacancy occurs later than 85 days before the general election and a qualified individual is not elected to the office at the general election, the office is vacant and must be filled as provided by law.
Mont. Code Ann. § 13-16-419 — MT Code / Title 13 / Chapter 16 / Part 4 / Section 13-16-419
13-16-419 Recount by board of state canvassers
Status: in_force

13-16-419 . Recount by board of state canvassers. (1) When the secretary of state receives certificates from all county recount boards, the secretary of state shall file them, shall fix a time and place, as soon as possible, for reconvening the board of state canvassers, and shall notify the members.

(2) The board of state canvassers shall recanvass the official returns on the office, nomination, position, or question as corrected by the certificates and make a new and corrected abstract of the votes cast.

(3) (a) If the corrected abstract shows no change in the results, further action may not be taken.

(b) If there is a change in the results, the first certificate is void and a new certificate of election or nomination must be issued in the same manner as the certificate of election or nomination was previously issued to each candidate elected or nominated.
Mont. Code Ann. § 13-17-108 — MT Code / Title 13 / Chapter 17 / Part 1 / Section 13-17-108
13-17-108 Punchcard voting systems prohibited
Status: in_force

13-17-108 . Punchcard voting systems prohibited. A punchcard voting system may not be used in an election after December 31, 2003.
Mont. Code Ann. § 13-13-225 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-225
13-13-225 Absentee election boards -- members -- appointment
Status: in_force

13-13-225 . Absentee election boards -- members -- appointment. (1) The election administrator may designate and appoint absentee election boards as needed or authorize one or more election officials to serve in various places to deliver ballots to electors who are entitled to vote by absentee ballot as provided in 13-13-229 .

(2) In a partisan election, each absentee election board or the authorized election officials who are appointed must consist of two members, one from each of the two political parties receiving the highest number of votes in the state during the last preceding general election, if possible. Board members and authorized election officials shall reside in the county in which they serve.

(3) A member of an absentee election board or an authorized election official may not be a candidate or a spouse, ascendant, descendant, brother, or sister of a candidate or of a candidate's spouse or the spouse of any one of these if the candidate's name appears on a ballot in the county.
Mont. Code Ann. § 13-16-204 — MT Code / Title 13 / Chapter 16 / Part 2 / Section 13-16-204
13-16-204 Meeting of recount board when recount requested
Status: in_force

13-16-204 . Meeting of recount board when recount requested. (1) (a) Immediately upon receiving a petition for a recount or a notice from the secretary of state that a petition has been filed as provided in 13-16-201 , the election administrator shall notify the members of the county recount board.

(b) Upon receipt of a petition for a school election recount as provided in 13-16-201 (2), the school election filing officer shall notify the members of the school recount board.

(2) The board shall convene at the usual meeting place of the governing body without undue delay but not later than 5 days after receiving notice from the election administrator or school election filing officer.
Mont. Code Ann. § 13-13-234 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-234
13-13-234 Duty of election judges -- pollbook
Status: in_force

13-13-234 . Duty of election judges -- pollbook. (1) The election judges, at the opening of the polls, shall:

(a) note on the pollbook opposite the appropriate ballot numbers the fact that the ballots were issued as absentee ballots; and

(b) reserve the numbers for electors who may vote late under 13-13-211 (2).

(2) The election judges shall insert only the name of the elector entitled to each particular number according to the number of the elector's ballot.
Mont. Code Ann. § 13-26-108 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-108
13-26-108 Compensation of delegates and officers
Status: in_force

13-26-108 . Compensation of delegates and officers. Each delegate shall receive mileage and per diem as provided by law for members of the legislature. The secretary and other officers shall receive compensation fixed by the convention.
Mont. Code Ann. § 13-1-502 — MT Code / Title 13 / Chapter 1 / Part 5 / Section 13-1-502
13-1-502 Deadlines for candidate filing, write-in candidacy, and withdrawal -- election cancellation -- election by acclamation
Status: in_force

13-1-502 . 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 (3) for a write-in candidate, the candidate filing deadline for election to a special purpose district office is no sooner than 105 days and no later than 90 days before the election.

(2) 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).

(3) (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.

(4) (a) Except as provided in subsection (4)(b), if by the write-in candidate deadline in subsection (3) the number of candidates is equal to or less than the number of positions to be filled at the election, the election administrator shall cancel the election and, pursuant to 13-1-304 , immediately notify the governing body of the local government in writing of the cancellation. However, the governing body of the local government may by resolution require that the election be held.

(b) For an election of conservation district supervisors held in conjunction with a federal primary or federal general election, if by the candidate filing deadline under subsection (1) the number of candidates is equal to or less than the number of positions to be filled at the election, the election administrator shall cancel the election and immediately notify the governing body of the conservation district in writing of the cancellation. However, the governing body of the conservation district may, by no later than 10 days after the candidate filing deadline, pass a resolution to require that the election be held.

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

(b) Except as otherwise provided by law:

(i) 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 or, if appropriate, of the conservation district shall fill the position by appointment;

(ii) an appointed member shall serve the same term as if the member were elected.
Mont. Code Ann. § 13-37-123 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-123
13-37-123 Examination of reports after election
Status: in_force

13-37-123 . Examination of reports after election. Within 120 days after the date of each election, the commissioner shall examine and compare each statement or report filed with the commissioner pursuant to the provisions of this chapter to determine whether the statement or report conforms to the provisions of the law. The examination shall include a comparison of all reports and statements received by the commissioner pursuant to the requirements of this chapter. The commissioner may investigate the source and authenticity of any contribution or expenditure listed in any report or statement filed pursuant to this chapter or the alleged failure to report any contribution or expenditure required to be reported pursuant to this chapter.
Mont. Code Ann. § 13-37-103 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-103
13-37-103 Term of office
Status: in_force

13-37-103 . Term of office. Subject to the provisions of 13-37-104 , the individual selected to serve as commissioner is appointed for a 6-year term and may not be reappointed to serve as commissioner.
Mont. Code Ann. § 13-35-228 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-228
13-35-228 Prohibition of salary increase contribution
Status: in_force

13-35-228 . Prohibition of salary increase contribution. A corporation may not increase the salary of any officer or employee or give an emolument to any officer, employee, or other person with the intention that the increase in salary, the emolument, or any part thereof be contributed to support or oppose a candidate or ballot issue.
Mont. Code Ann. § 13-15-104 — MT Code / Title 13 / Chapter 15 / Part 1 / Section 13-15-104
13-15-104 Absentee ballot counting board
Status: in_force

13-15-104 . Absentee ballot counting board. (1) The election administrator shall:

(a) give special instructions to any absentee ballot counting board appointed under 13-15-112 on the proper procedures for counting the absentee ballots; and

(b) provide the forms and supplies necessary for the board to perform its duties.

(2) The absentee ballot counting board shall:

(a) be in a room separate from where ballots are being cast;

(b) at any time prior to the closing of the polls but no sooner than 1 day before election day, start the count of the absentee votes cast; and

(c) follow the procedures outlined in 13-13-241 and 13-15-207 for the counting of the votes cast.

(3) An election judge or other individual having access to any results of early counting is subject to 13-35-241 .

(4) The absentee ballot counting board shall take the oath and sign the affirmation specified in 13-15-207 (4).
Mont. Code Ann. § 13-3-207 — MT Code / Title 13 / Chapter 3 / Part 2 / Section 13-3-207
13-3-207 Polling place classifications
Status: in_force

13-3-207 . Polling place classifications. As a result of the survey provided in 13-3-206 , each polling place must be classified as:

(1) accessible; or

(2) inaccessible.
Mont. Code Ann. § 13-35-604 — MT Code / Title 13 / Chapter 35 / Part 6 / Section 13-35-604
13-35-604 Return of voter registration and absentee ballot applications
Status: in_force

13-35-604 . Return of voter registration and absentee ballot applications. A third-party registrar may not mail or advise an applicant to mail a voter registration or absentee ballot application to any address other than the county election administrator's address in the applicant's county of residence.
Mont. Code Ann. § 13-38-201 — MT Code / Title 13 / Chapter 38 / Part 2 / Section 13-38-201
13-38-201 Election or appointment of committee representatives at primary -- vacancies -- tie votes
Status: in_force

13-38-201 . Election or appointment of committee representatives at primary -- vacancies -- tie votes. (1) Each political party shall appoint or elect at each primary election one person of each sex, as defined in 1-1-201 , to serve as committee representatives for each election precinct. The committee representatives must be residents and registered voters of the precinct. An individual may not be appointed or elected to serve as a committee representative for more than one political party during the same 2-year term.

(2) If a political party chooses to appoint precinct committee representatives, the political party shall make the appointments as provided in the party's rules.

(3) If a political party chooses to elect precinct committee representatives, the party may:

(a) administer the election itself as provided in the party's rules; or

(b) elect precinct committee representatives in a primary election, subject to 13-10-209 and subsection (4) of this section.

(4) In a primary election for a precinct committee representative:

(a) (i) if the number of candidates nominated for a party's precinct male committee representative is less than or equal to the number of positions to be elected, the election administrator may give notice that a party's precinct male committee representative election may not be held in that precinct; and

(ii) if the number of candidates nominated for a party's precinct female committee representative is less than or equal to the number of positions to be elected, the election administrator may give notice that a party's precinct female committee representative election may not be held in that precinct;

(b) if a party precinct committee election is not held pursuant to subsection (4)(a), the election administrator shall declare elected by acclamation the candidate who filed for the position or who filed a declaration of intent to be a write-in candidate. The election administrator shall issue a certificate of election to the designated party.

(c) write-in votes for a precinct committee representative may be counted as specified in 13-15-206 (5) only if the individual whose name is written in has filed a declaration of intent as a write-in candidate by the deadline prescribed in 13-10-211 (1);

(d) in the case of a tie vote for a precinct committee representative position, the county central committee shall determine a winner.

(5) Pursuant to 13-38-101 , a vacancy in a precinct committee representative position must be filled by the party governing body as provided in its rules.
Mont. Code Ann. § 13-12-205 — MT Code / Title 13 / Chapter 12 / Part 2 / Section 13-12-205
13-12-205 Arrangement of names -- rotation on ballot
Status: in_force

13-12-205 . Arrangement of names -- rotation on ballot. (1) The candidates' names must be arranged alphabetically on the ballot according to surnames under the title of the respective offices and rotated as provided in this section.

(2) (a) If two or more individuals are candidates for nomination or election to the same office, the election administrator shall divide the ballot forms into sets equal in number to the greatest number of candidates for any office. The candidates for nomination to an office by each political party must be considered separately in determining the number of sets necessary for a primary election.

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

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

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

(e) No more than one of the sets may be used in preparing the ballot for use in any one precinct, and all ballots furnished for use in any precinct must be identical.
Mont. Code Ann. § 13-3-206 — MT Code / Title 13 / Chapter 3 / Part 2 / Section 13-3-206
13-3-206 Survey of polling places to determine accessibility -- procedures
Status: in_force

13-3-206 . Survey of polling places to determine accessibility -- procedures. (1) The election administrator shall conduct an onsite survey of each polling place used in an election to determine whether it meets the standards for accessibility established under 13-3-205 .

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

(3) A polling place that has been surveyed pursuant to this section need not be surveyed again unless:

(a) the conditions of accessibility change; or

(b) the initial survey results are inaccurate.
Mont. Code Ann. § 13-19-305 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-305
13-19-305 Replacement ballots
Status: in_force

13-19-305 . Replacement ballots. Replacement ballots may be issued as specified in 13-13-204 .
Mont. Code Ann. § 13-35-225 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-225
13-35-225 Election materials not to be anonymous -- notice -- penalty
Status: in_force

13-35-225 . Election materials not to be anonymous -- notice -- penalty. (1) All election communications, electioneering communications, and independent expenditures must clearly and conspicuously include the attribution "paid for by" followed by the name and address of the person who made or financed the expenditure for the communication. The attribution must contain:

(a) for election communications or electioneering communications financed by a candidate or a candidate's campaign finances, the name and the address of the candidate or the candidate's campaign;

(b) for election communications, electioneering communications, or independent expenditures financed by a political committee or a joint fundraising committee, the name of the committee, the name of the committee treasurer, deputy treasurer, secretary, vice chairperson, or chairperson, as designated pursuant to 13-37-201 (2)(b), and the address of the committee or the named committee officer; and

(c) for election communications, electioneering communications, or independent expenditures financed by a political committee that is a corporation or a union, the name of the corporation or union, its chief executive officer or equivalent, and the address of the principal place of business.

(2) Communications in a partisan election financed by a candidate, a political committee organized on the candidate's behalf, or a joint fundraising committee with a participant who is a candidate or a political committee organized on the candidate's behalf must state the candidate's party affiliation or include the party symbol.

(3) If a document or other article of advertising is too small for the requirements of subsections (1) and (2) to be conveniently included, the candidate responsible for the material or the person financing the communication shall file a copy of the article with the commissioner of political practices, together with the required information or statement, at the time of its public distribution.

(4) If information required in subsections (1) and (2) is omitted or not printed or if the information required by subsection (3) is not filed with the commissioner, upon discovery of or notification about the omission, the candidate responsible for the material or the person financing the communication shall:

(a) file notification of the omission with the commissioner of political practices within 2 business days of the discovery or notification;

(b) bring the material into compliance with subsections (1) and (2) or file the information required by subsection (3) with the commissioner; and

(c) withdraw any noncompliant communication from circulation as soon as reasonably possible.

(5) Whenever the commissioner receives a complaint alleging any violation of subsections (1) and (2), the commissioner shall as soon as practicable assess the merits of the complaint.

(6) (a) If the commissioner determines that the complaint has merit, the commissioner shall notify the complainant and the candidate or political committee of the commissioner's determination. The notice must state that the candidate or political committee shall bring the material into compliance as required under this section:

(i) within 2 business days after receiving the notification if the notification occurs more than 7 days prior to an election; or

(ii) within 24 hours after receiving the notification if the notification occurs 7 days or less prior to an election.

(b) When notifying the candidate or campaign committee under subsection (6)(a), the commissioner shall include a statement that if the candidate, political committee, or joint fundraising committee fails to bring the material into compliance as required under this section, the candidate, political committee, or joint fundraising committee is subject to a civil penalty pursuant to 13-37-128 .
Mont. Code Ann. § 13-2-513 — MT Code / Title 13 / Chapter 2 / Part 5 / Section 13-2-513
13-2-513 Procedure for correcting or updating registration
Status: in_force

13-2-513 . Procedure for correcting or updating registration. Subject to the rules adopted under 13-2-108 , the election administrator shall make the necessary corrections or updates in the registration records when the election administrator receives a corrected or updated registration form.
Mont. Code Ann. § 13-37-203 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-203
13-37-203 Campaign and deputy campaign treasurers
Status: in_force

13-37-203 . Campaign and deputy campaign treasurers. (1) Any campaign or deputy campaign treasurer appointed pursuant to 13-37-201 and 13-37-202 must be a resident of the state of Montana.

(2) An individual may be appointed and serve as a campaign treasurer of a candidate, political committee, or joint fundraising committee or two or more candidates, political committees, or joint fundraising committees. A candidate may serve as the candidate's own campaign or deputy campaign treasurer or as the treasurer or deputy treasurer of a joint fundraising committee in which the candidate is a participant. An individual may not serve as a campaign or deputy campaign treasurer or perform any duty required of a campaign or deputy campaign treasurer of a candidate, political committee, or joint fundraising committee until the individual has been designated and the individual's name certified by the candidate or political committee.
Mont. Code Ann. § 13-35-301 — MT Code / Title 13 / Chapter 35 / Part 3 / Section 13-35-301
13-35-301 Adoption of code of fair campaign practices
Status: in_force

13-35-301 . Adoption of code of fair campaign practices. The following code of fair campaign practices is adopted by Montana:

"There are basic principles of decency, honesty, and fair play that every candidate for public office in the United States has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues before the country. Therefore:

I will conduct my campaign in the best American tradition, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponent and my opponent's party that merit such criticism.

I will defend and uphold the right of every qualified American voter to full and equal participation in the electoral process.

I will conduct my campaign without the use of personal vilification, character defamation, whispering campaigns, libel, slander, or scurrilous attacks on my opposition or my opposition's personal or family life.

I will not use campaign material of any sort that misrepresents, distorts, or otherwise falsifies the facts, nor will I use malicious or unfounded accusations that aim at creating or exploiting doubts, without justification, as to the loyalty and patriotism of my opposition.

I will not make any appeal to prejudice based on race, sex, as defined in 1-1-201 , creed, or national origin.

I will not undertake or condone any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections or that hampers or prevents the full and free expression of the will of the voters.

Insofar as is possible, I will immediately and publicly repudiate support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I have pledged not to use or condone."
Mont. Code Ann. § 13-27-409 — MT Code / Title 13 / Chapter 27 / Part 4 / Section 13-27-409
13-27-409 Fact statement to be supported -- liability for contents of argument
Status: in_force

13-27-409 . Fact statement to be supported -- liability for contents of argument. (1) A factual statement made in an argument advocating approval or rejection of a statewide ballot issue or in a rebuttal argument to either of those arguments must be supported by documents filed by the proponents or opponents with the secretary of state within 2 business days of the date on which the statements are required to be filed with the secretary of state.

(2) Nothing in this chapter relieves an author of any argument from civil or criminal responsibility for statements contained in an argument printed in the voter information pamphlet.
Mont. Code Ann. § 13-27-606 — MT Code / Title 13 / Chapter 27 / Part 6 / Section 13-27-606
13-27-606 Contest of ballot issue petitions
Status: in_force

13-27-606 . Contest of ballot issue petitions. (1) Any qualified elector may, within 30 days after the date on which the issue was certified to the governor, file an action in the district court in the county of residence of the qualified elector contesting the certification of a statewide ballot issue for illegal petition signatures or an erroneous or fraudulent count or canvass of petition signatures.

(2) If a court finds that illegal petition signatures or an erroneous or fraudulent count or canvass of petition signatures affected the outcome of the petition process and certification, the secretary of state shall decertify the contested statewide ballot issue.
Mont. Code Ann. § 13-16-101 — MT Code / Title 13 / Chapter 16 / Part 1 / Section 13-16-101
13-16-101 County governing body as county recount board
Status: in_force

13-16-101 . County governing body as county recount board. (1) The county recount board must consist of three members.

(2) Three members of the governing body must be appointed by the presiding officer if there are more than three members of the governing body.

(3) If three members of the governing body cannot attend when the board meets, any vacant position must be filled by one or more county officers chosen by the remaining members of the governing body.

(4) If a member of the recount board is a candidate for an office or nomination for which votes are to be recounted, the member must be disqualified.

(5) The election administrator is secretary of the recount board, and the board may hire any additional clerks as needed.

(6) The board may appoint county employees or hire clerks to assist as needed.

(7) If the recount is for a school election, the school recount board as provided in 20-20-420 shall perform recount board duties.
Mont. Code Ann. § 13-1-204 — MT Code / Title 13 / Chapter 1 / Part 2 / Section 13-1-204
13-1-204 Election records to be kept by secretary of state
Status: in_force

13-1-204 . Election records to be kept by secretary of state. (1) The secretary of state shall maintain current and accurate records including:

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

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

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

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

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

(f) records required to be submitted from local election administrators and other agencies and coordinated by the secretary of state pursuant to the National Voter Registration Act of 1993, Public Law 103-31.

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

(3) The records required in subsection (1) and all records in the secretary of state's office pertaining to elections must be open for public inspection during normal office hours.
Mont. Code Ann. § 13-19-303 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-303
13-19-303 Voting by elector when absent from place of residence during conduct of election
Status: in_force

13-19-303 . Voting by elector when absent from place of residence during conduct of election. (1) A qualified elector who will be absent from the county during the time the election is being conducted may:

(a) vote in person in the election administrator's office as soon as ballots are available and until noon the day before the ballots are scheduled to be mailed; or

(b) make a written request, signed by the applicant and addressed to the election administrator, that the ballot be mailed to an address other than the address that appears on the registration form. Written requests must be accepted until noon the day before the ballots are scheduled to be mailed.

(2) (a) Ballots mailed to electors on the active list and provisionally registered list pursuant to this section must be mailed the same day that all other ballots are mailed, except that a ballot requested pursuant to Title 13, chapter 21, may be sent to the elector as soon as the ballot is available.

(b) A ballot may be provided pursuant to this section until noon on the day before election day if, after the ballots are mailed to active and provisionally registered electors:

(i) an inactive elector reactivates the elector's registration as provided in 13-2-222 ; or

(ii) an individual registers under the late registration option provided for in 13-2-304 and receives a ballot in person.
Mont. Code Ann. § 13-27-306 — MT Code / Title 13 / Chapter 27 / Part 3 / Section 13-27-306
13-27-306 Challenge to signatures by elector of county
Status: in_force

13-27-306 . Challenge to signatures by elector of county. A registered elector of a county having reason to believe that signatures on a petition that were not among those actually compared with signatures in the registration records of the county are not genuine may file a sworn statement or affirmation of the elector's belief and a request for comparison of those signatures that the elector believes are not genuine with the county official certifying the sheet or section of the petition. If any of the challenged signatures are not genuine, the county official shall compare all signatures on that sheet or section and issue an amended certificate to the secretary of state, giving the correct number of valid signatures, on or before the deadline, as provided for in 13-27-104 , for filing in the office of the secretary of state.
Mont. Code Ann. § 13-21-107 — MT Code / Title 13 / Chapter 21 / Part 1 / Section 13-21-107
13-21-107 Digital signature authorized
Status: in_force

13-21-107 . Digital signature authorized. (1) A covered voter may use a digital signature as proof that the voter is the sender when the voter is electronically transmitting any of the following documents to an election administrator pursuant to this chapter:

(a) a federal postcard application;

(b) an application for voter registration;

(c) a request for an absentee ballot; or

(d) the voter's marked ballot.

(2) An election administrator shall verify a digital signature received pursuant to this section and accept a validated digital signature as proof that a document has been transmitted by the voter.

(3) Nothing in this section may be interpreted as:

(a) requiring a covered voter to use a digital signature;

(b) requiring that an election administrator use a digital signature in lieu of the voter's date of birth and social security number or driver's license number to validate the voter's identity during the voter registration process;

(c) requiring a county election administrator or the secretary of state to validate the voter's identity with the certificate authority that issued the digital signature;

(d) requiring both a valid digital signature and the last four digits of a voter's social security number as proof that a document is from the voter; or

(e) prohibiting a county election administrator from using the last four digits of a voter's social security number, if provided on the document, to verify that the document was sent by the voter.
Mont. Code Ann. § 13-36-205 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-205
13-36-205 Recovery of costs
Status: in_force

13-36-205 . Recovery of costs. In any contest, the prevailing party may recover the party's costs, disbursements, and reasonable attorney fees. Costs, disbursements, and attorney fees in all cases must be in the discretion of the court. If judgment is rendered against the petitioner, it must also be rendered against the sureties on the bond.
Mont. Code Ann. § 13-22-104 — MT Code / Title 13 / Chapter 22 / Part 1 / Section 13-22-104
13-22-104 Program development
Status: in_force

13-22-104 . Program development. (1) The secretary of state and the superintendent of public instruction shall compile a program and establish a process whereby:

(a) students are instructed on the electoral process, the importance of voting, and how to mark and cast a ballot;

(b) students are educated about current issues in a manner appropriate for each grade level involved;

(c) students cast facsimile or mock ballots at a location designated as a youth voting location or while accompanying an eligible voter to a polling place during regular elections; and

(d) ballots cast by students at elections are counted and the results are made available to all participating schools.

(2) The program must be presented to participating schools in a nonpartisan, nonbiased, and informative manner.
Mont. Code Ann. § 13-4-102 — MT Code / Title 13 / Chapter 4 / Part 1 / Section 13-4-102
13-4-102 Manner of choosing election judges
Status: in_force

13-4-102 . Manner of choosing election judges. (1) Subject to 13-4-107 , election judges must be chosen from lists of qualified registered electors in the county, submitted at least 45 days before the primary election in even-numbered years by the county central committees of the political parties eligible to nominate candidates in the primary.

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

(3) Each board of election judges must include judges representing all parties that have submitted lists as provided in subsection (1). No more than the number of election judges needed to obtain a simple majority may be appointed from the list of one political party in each county. If any of the political parties entitled to do so fail to submit a list meeting the requirements of this section, the governing body shall, to the extent possible, appoint judges so that all parties eligible to participate in the primary are represented on each board.

(4) The election administrator shall make appointments to fill vacancies from the list provided for in subsection (2). If the list is insufficient or if one or more of the eligible political parties fails to submit a list meeting the requirements of this section, the election administrator may select enough people meeting the qualifications of 13-4-107 to fill election judge vacancies in all precincts.

(5) An elector chosen to potentially serve as an election judge must be notified of selection at least 30 days before the primary election in even-numbered years. Each elector who agrees to serve as an election judge shall attend a training class conducted under 13-4-203 and shall continue to serve as provided in 13-4-103 .
Mont. Code Ann. § 13-13-119 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-119
13-13-119 Aid to disabled elector
Status: in_force

13-13-119 . Aid to disabled elector. (1) A disabled elector may request assistance in marking the elector's ballot.

(2) If the elector has not designated an agent:

(a) the election judges shall require a declaration of disability by the elector. The declaration must be made under oath, which must be administered by an election judge. The elector may be assisted by two judges who represent different parties. If election judges who represent different political parties are not available, the chief election judge shall appoint two election judges to assist the elector. The judges shall certify on the precinct register opposite the disabled elector's name that the ballot was marked with their assistance. The judges may not reveal information regarding the ballot.

(b) The elector may designate an agent, as provided in 13-1-116 , to aid the elector in the marking of the elector's ballot. An individual designated to assist the elector shall sign the individual's name on the precinct register beside the name of the elector assisted.

(3) No one other than the elector who requires assistance may divulge to anyone within the polling place the name of any candidate for whom the elector intends to vote or may ask or receive the assistance of any individual within the polling place in the preparation of the elector's ballot.
Mont. Code Ann. § 13-12-202 — MT Code / Title 13 / Chapter 12 / Part 2 / Section 13-12-202
13-12-202 Ballot form and uniformity
Status: in_force

13-12-202 . Ballot form and uniformity. (1) The secretary of state shall adopt statewide uniform rules that prescribe the ballot form for each type of ballot used in this state. The rules must conform to the provisions of this title unless the voting system used clearly requires otherwise. At a minimum, the rules must address:

(a) the manner in which each type of ballot may be corrected under 13-12-204 ;

(b) what provisions must be made on the ballot for write-in candidates;

(c) the size and content of stubs on paper ballots, except as provided in 13-19-106 (1);

(d) the placement of the printed words "official ballot" in accordance with 13-13-116 ;

(e) how unvoted ballots must be handled;

(f) how the number of individuals voting and the number of ballots cast must be recorded; and

(g) the order and arrangement of voting system ballots.

(2) The names of all candidates that appear on the face of a ballot must appear in the same font size and style.

(3) Notwithstanding 13-19-106 (1) and except as provided in 13-3-208 , when the stubs are detached, it must be impossible to distinguish any one of the ballots from another ballot for the same office or issue.

(4) The ballots must contain the name of each candidate whose nomination is certified under law for an office and no other names, except that the names of candidates for president and vice president of the United States must appear on the ballot as provided in 13-25-101 (5).
Mont. Code Ann. § 13-25-206 — MT Code / Title 13 / Chapter 25 / Part 2 / Section 13-25-206
13-25-206 Vacancy in office of United States senator
Status: in_force

13-25-206 . Vacancy in office of United States senator. (1) If a vacancy occurs in the office of United States senator, the governor shall immediately order an election to be held to fill the vacancy, except as provided in subsection (3).

(2) The election to fill the unexpired term must be held no less than 85 and no more than 100 days from the date on which the vacancy occurs, except that if the vacancy occurs:

(a) between 85 days and 150 days before a municipal general election, the election must be held with the municipal general election;

(b) between January 1 in an even-numbered year and 85 days before a federal primary election, the election must be held with the federal primary election;

(c) less than 85 days before a federal primary election, the election must be held with the federal general election;

(d) between the federal primary election and 85 days before a federal general election, the election must be held with the federal general election;

(e) less than 85 days before a municipal general election or federal general election, the election must be held no less than 85 days and no more than 100 days after the date of the general election.

(3) If a vacancy in the office of United States senator occurs in the last year of the office's term, an election for the remainder of the term may not be held if the vacancy occurs between 85 days before the federal primary election and the end of the term. The term of office for a candidate elected to the senate seat at the regularly scheduled general election must commence with the new term.

(4) (a) The governor may make a temporary appointment to fill a vacancy in the office of United States senator until the election to fill the vacancy is held.

(b) (i) If the vacancy is subject to the provisions of subsection (3), the governor may make a temporary appointment until the results of the regularly scheduled general election are certified.

(ii) When the results are certified, the governor shall appoint the candidate who won the election for the senate seat to fill the remainder of the vacancy.

(c) Unless the appointment is made pursuant to subsection (4)(b)(ii), when a vacancy occurs, if the vacating officeholder represented a political party eligible for primary election under 13-10-601 , the person appointed by the governor must be of the same political party and must be selected by the governor pursuant to the procedure outlined in subsection (4)(d). However, if the individual vacating the office changed political party affiliations after taking office, the individual who is appointed to fill the vacancy must be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.

(d) (i) Within 3 days after being notified of a vacancy in the office of United States senator, the governor shall notify the political party that was represented by the vacating officeholder.

(ii) Within 15 days after being notified of the vacancy, the state party central committee shall forward to the governor a list of three prospective appointees.

(iii) Unless the governor chooses not to make an appointment to the office of United States senator, the governor shall select an appointee from the list within 15 days after receiving it.
Mont. Code Ann. § 13-10-303 — MT Code / Title 13 / Chapter 10 / Part 3 / Section 13-10-303
13-10-303 Nominations by more than one party
Status: in_force

13-10-303 . Nominations by more than one party. If an individual is nominated by more than one party, the individual shall, not later than 10 days after the election, file written notification with the secretary of state or election administrator indicating the party under which the individual's name is to appear upon the ballot for the general election. If the individual fails to notify the proper officers, the individual's name must appear under the party with whom the declaration for nomination was filed if a declaration was filed. If an individual did not file a declaration or acceptance of nomination and fails to notify the proper officers, the individual's name must appear on the ballot without a party designation.
Mont. Code Ann. § 13-13-116 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-116
13-13-116 Paper ballots to be marked -- one ballot to elector
Status: in_force

13-13-116 . Paper ballots to be marked -- one ballot to elector. (1) Before delivering a paper ballot to an elector, the election judges shall ensure that the words "official ballot" are printed on the ballot without part of the mark appearing on the stub, if any.

(2) Each elector must receive from the election judges one of each type of ballot for which the elector is eligible.
Mont. Code Ann. § 13-13-115 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-115
13-13-115 Recording number of voters and ballots
Status: in_force

13-13-115 . Recording number of voters and ballots. The election administrator in each precinct shall use a precinct register, pollbook, or some other method to record the number of individuals voting and the number of ballots cast that conforms to the method prescribed by the secretary of state in accordance with rules adopted pursuant to 13-12-202 .
Mont. Code Ann. § 13-37-127 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-127
13-37-127 Withholding of certificates of nomination or election
Status: in_force

13-37-127 . Withholding of certificates of nomination or election. (1) A certificate of election may not be granted to any candidate until the candidate or the candidate's treasurer has filed the reports and statements that must be filed pursuant to the provisions of this chapter. A candidate for an elective office may not assume the powers and duties of that office until the candidate has received a certificate of election as provided by law. A certificate of election may only be issued by the public official responsible for issuing a certificate or commission of election.

(2) In carrying out the mandate of this section, the commissioner must, by written statement, notify the public official responsible for issuing a certificate of nomination or election that a candidate or the candidate's treasurer has complied with the provisions of this chapter as described in subsection (1) and that a certificate of nomination or election may be issued.
Mont. Code Ann. § 13-1-210 — MT Code / Title 13 / Chapter 1 / Part 2 / Section 13-1-210
13-1-210 Standard application form for voter registration and absentee ballot requests
Status: in_force

13-1-210 . Standard application form for voter registration and absentee ballot requests. (1) The secretary of state shall establish by rule a standard application form, to be used by each election administrator, that allows an individual to apply for voter registration and to request to be added to the absentee ballot list in order to receive ballots for subsequent elections.

(2) Pursuant to 13-13-212 (3), the absentee ballot application portion of the standard form must include substantially the following language and option:

☐ Optional: I request an absentee ballot to be mailed to me for as long as I reside at the address listed for each subsequent election in which I am eligible to vote.

I understand that in order to continue to receive an absentee ballot, I must complete, sign, and return a confirmation form that will be mailed to me in January of every even-numbered year.
Mont. Code Ann. § 13-10-325 — MT Code / Title 13 / Chapter 10 / Part 3 / Section 13-10-325
13-10-325 Withdrawal from nomination
Status: in_force

13-10-325 . Withdrawal from nomination. (1) (a) A candidate for nomination or a candidate for election to an office may withdraw from the election by sending a statement of withdrawal to the officer with whom the candidate's declaration, petition, or acceptance of nomination was filed. The statement must contain all information necessary to identify the candidate and the office sought. Unless filed electronically with the secretary of state, the statement of withdrawal from nomination must be acknowledged by an officer empowered to acknowledge signatures or by the officer of the office at which the filing is made.

(b) A candidate may not withdraw after the candidate filing deadline established in 13-10-201 (7).

(2) Filing fees paid by the candidate may not be refunded.
Mont. Code Ann. § 13-4-201 — MT Code / Title 13 / Chapter 4 / Part 2 / Section 13-4-201
13-4-201 Duties of chief election judge
Status: in_force

13-4-201 . Duties of chief election judge. The chief election judge shall be responsible for the conduct of the proceedings in the polling place, shall assign duties to other members of the board of election judges, and, if assigned to work through the close of the polls, shall be responsible for the return of or for arranging the return of all ballots and election supplies to the election administrator.
Mont. Code Ann. § 13-26-101 — MT Code / Title 13 / Chapter 26 / Part 1 / Section 13-26-101
13-26-101 Convention to be held
Status: in_force

13-26-101 . Convention to be held. If congress proposes an amendment to the constitution of the United States to be ratified by state convention, a convention shall be held.
Mont. Code Ann. § 13-37-105 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-105
13-37-105 Impeachment and prosecution of commissioner
Status: in_force

13-37-105 . Impeachment and prosecution of commissioner. The commissioner may be removed from office by impeachment as provided in Title 5, chapter 5, part 4. The commissioner may also be prosecuted by the appropriate county attorney for official misconduct as specified in 45-7-401 .
Mont. Code Ann. § 13-21-228 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-228
13-21-228 Use of voter's e-mail address
Status: in_force

13-21-228 . Use of voter's e-mail address. (1) A local election official shall request an e-mail address from each covered voter who registers to vote after January 1, 2014.

(2) An e-mail address provided by a covered voter may not be made available to the public or any individual or organization other than a state or local election official and is confidential information as defined in 2-6-1002 .

(3) The address may be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission and verifying the voter's mailing address and physical location.
Mont. Code Ann. § 13-37-211 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-211
13-37-211 Joint fundraising committee
Status: in_force

13-37-211 . Joint fundraising committee. (1) (a) One or more candidates for a statewide office and political committees may join together to establish a joint fundraising committee to act as a fundraising representative for all participants. A joint fundraising committee may not be construed to be a political committee.

(b) The participants in a joint fundraising committee may include only a candidate for statewide office, an independent committee, or a political party committee. Any combination of these entities may form a joint fundraising committee.

(c) The participants in a joint fundraising committee may not include an incidental committee, a ballot issue committee, a judicial candidate, or a political committee that is a corporation or a union.

(d) The joint fundraising committee may not be a participant in any other joint fundraising effort.

(e) A participant may participate in an unlimited amount of concurrent joint fundraising committees.

(f) A joint fundraising committee may not amend its list of participants after filing its certification and organizational statement as provided by 13-37-201 .

(2) A joint fundraising committee shall:

(a) appoint a campaign treasurer and certify an organization statement pursuant to 13-37-201 ;

(b) designate one separate campaign depository as provided in 13-37-205 to be used solely for the receipt of all contributions received and the disbursement of all expenditures made by the joint fundraising committee; and

(c) keep records as provided by 13-37-207 and 13-37-208 .

(3) The participants in a joint fundraising committee shall enter into a written agreement that states a formula for the allocation of fundraising proceeds. The formula must be stated as the amount or percentage of each contribution received to be allocated to each participant. The joint fundraising committee shall retain the written agreement for the same amount of time the campaign treasurer is required to retain accounts under 13-37-208 (3) and shall make it available to the commissioner on request.

(4) Each solicitation for contributions to the joint fundraising committee must include a notice that includes the following information:

(a) the name of each participant in the joint fundraising committee;

(b) the allocation formula to be used for distributing joint fundraising proceeds;

(c) a statement informing contributors that, despite the state allocation formula, they may designate their contributions for particular participants;

(d) a statement informing contributors that the allocation formula may change if a contributor makes a contribution that would exceed the amount that a contributor may give to a participant or if a participant is otherwise prohibited from receiving the contribution; and

(e) if one or more participants engage in the joint fundraising activity solely to satisfy outstanding debts, a statement informing contributors that the allocation formula may change if a participant receives sufficient funds to pay its outstanding debts.

(5) (a) A joint fundraising committee may accept contributions on behalf of its participants under the provisions of the fundraising formula and may make expenditures on behalf of and to its participants under the limitations provided in this section.

(b) Except as provided by subsection (8), a joint fundraising committee may not accept a contribution that, when allocated pursuant to the joint fundraising committee's allocation formula in subsection (3), in addition to any other contributions received by the participant from that contributor, would be in excess of the contribution limits of that contributor calculated pursuant to this section. A participant may not accept contributions allocated from the joint fundraising committee that, but for the joint fundraising committee acting as an intermediary, the participant could not otherwise accept.

(c) Contributions to the joint fundraising committee may only be deposited in the joint fundraising committee depository.

(d) The joint fundraising committee shall report and maintain records concerning contributions as provided by Title 13, chapter 37. The joint fundraising committee shall make its records available to each participant.

(e) A participant shall make the participant's contributor records available to the joint fundraising committee to enable the joint fundraising committee to carry out its duty to screen contributions pursuant to subsection (6)(a).

(6) (a) The joint fundraising committee shall screen all contributions received to ensure the prohibitions provided in Title 13, chapters 35 and 37, are followed.

(b) A corporation or a union prohibited from making a contribution to a candidate under 13-35-227 (1) may make a contribution to a joint fundraising committee if one or more participants are not otherwise prohibited from receiving the contribution. A joint fundraising committee may not make an expenditure in contravention of 13-35-227 (1), and a participant in a joint fundraising committee prohibited from accepting or receiving a contribution under 13-35-227 (1) may not accept or receive such a contribution from a joint fundraising committee.

(c) A joint fundraising committee may not act as an intermediary for contributions or expenditures by any entity, including participants, that is otherwise prohibited under Title 13, chapters 35 and 37.

(7) For reporting and limitation purposes:

(a) the joint fundraising committee shall report contributions in the reporting period in which they are received and expenditures in the reporting period in which they are made; and

(b) the date of receipt of a contribution by a participant is the date that the contribution is disbursed by the joint fundraising committee to the participant. However, the funds must be allocated to the general election or primary election cycle during which the joint fundraising committee received them.

(8) (a) Expenditures by the joint fundraising committee must be allocated to each participant in proportion to the formula in the written agreement provided for in subsection (3).

(b) If expenditures are made for fundraising costs, a participant may pay more than its proportionate share. However, the amount that is in excess of the participant's proportionate share may not exceed the amount that the participant could legally contribute to the remaining participants. A participant may only pay expenditures on behalf of another participant subject to the limits provided in 13-37-216 .

(c) If distribution according to the fundraising formula extinguishes the debts of one or more participants and results in a surplus for those participants, or if distribution under the formula results in a violation of the contribution limits under 13-37-216 , the joint fundraising committee may reallocate the excess funds. Reallocation must be based on the remaining participants' proportionate shares under the allocation formula. If reallocation results in a violation of a contributor's limit under 13-37-216 , the joint fundraising committee shall return the amount of the contribution that exceeds the limit to the contributor. However, contributions that have been designated by a contributor may not be reallocated by the joint fundraising committee without prior written permission of the contributor. If the contributor does not give the contributor's permission for reallocation, the funds must be returned to the contributor.

(9) The joint fundraising committee shall allocate total gross contributions received by the joint fundraising committee to the participants. The joint fundraising committee shall inform each participant of the participant's gross contribution total, make the joint fundraising committee's contribution and expenditure records available to each participant, and subject to the limitations provided in 13-37-216 , and this section, pay fundraising expenses and distribute each participant's allocated net contributions.

(10) An independent committee may not be construed to violate the requirement that it is not controlled directly or indirectly by a candidate or that it may not coordinate with a candidate in connection with the making of expenditures as provided in 13-1-101 solely because:

(a) the independent committee participates in a joint fundraising committee; and

(b) the joint fundraising committee makes a total gross contribution to a candidate that is in excess of an individual independent committee's limits provided in 13-37-216 but that is not in excess of the remaining combined limit, if any, of all the entities within the joint fundraising committee.

(11) The joint fundraising committee is liable for its violations of the provisions of Title 13, chapters 35 and 37. In addition, each participant of a joint fundraising committee is severally liable for violations of the provisions of Title 13, chapters 35 and 37, pertaining to the contributions allocated or disbursed to the participant by the joint fundraising committee.
Mont. Code Ann. § 13-16-505 — MT Code / Title 13 / Chapter 16 / Part 5 / Section 13-16-505
13-16-505 Tie vote in election for county commissioner
Status: in_force

13-16-505 . Tie vote in election for county commissioner. If there is a tie vote for commissioner, the senior district judge shall appoint one of the candidates who tied to fill the office as in other cases of vacancy.
Mont. Code Ann. § 13-1-402 — MT Code / Title 13 / Chapter 1 / Part 4 / Section 13-1-402
13-1-402 Purpose -- definition
Status: in_force

13-1-402 . Purpose -- definition. (1) The purpose of this part is to consolidate, simplify, and standardize, to the extent feasible, dates and deadlines for local government elections and to provide more consistency for election administrators and voters.

(2) For the purposes of this part, "local government" means a county, a consolidated government, or an incorporated city or town that is conducting an election that may be held on the same day as a primary election but is not a primary election, such as an election on a question or an election for officers that does not involve a primary.
Mont. Code Ann. § 13-37-201 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-201
13-37-201 Campaign treasurer
Status: in_force

13-37-201 . Campaign treasurer. (1) Except as provided in 13-37-206 , each candidate, each political committee, and each joint fundraising committee shall appoint one campaign treasurer and certify the full name and complete address of the campaign treasurer pursuant to this section.

(2) (a) A candidate shall file the certification within 5 days after becoming a candidate.

(b) Except as provided in subsection (2)(c), a political committee and a joint fundraising committee shall file the certification, which must include an organizational statement and the name and address of all officers, if any, within 5 days after it makes an expenditure or authorizes another person to make an expenditure on its behalf, whichever occurs first. A joint fundraising committee shall also provide a list of participants with the certification.

(c) A political committee that is seeking to place a ballot issue before the electors shall file the certification, including the information required in subsection (2)(b), within 5 days after the proposed issue is submitted to the secretary of state under 13-27-214 .

(3) The certification of a candidate, political committee, or joint fundraising committee must be filed with the commissioner.
Mont. Code Ann. § 13-10-407 — MT Code / Title 13 / Chapter 10 / Part 4 / Section 13-10-407
13-10-407 Delegates to national presidential nominating conventions
Status: in_force

13-10-407 . Delegates to national presidential nominating conventions. The method of selection of delegates to national presidential nominating conventions is to be set by party rules. The use of the results of the presidential preference primary election by the political parties in their delegation selection systems is discretionary and is to be determined by party rules.
Mont. Code Ann. § 13-10-401 — MT Code / Title 13 / Chapter 10 / Part 4 / Section 13-10-401
13-10-401 Date of presidential primary
Status: in_force

13-10-401 . Date of presidential primary. In the years in which a president of the United States is to be elected, a presidential preference primary election will be held on the same day as the primary provided for in 13-1-107 .
Mont. Code Ann. § 13-15-113 — MT Code / Title 13 / Chapter 15 / Part 1 / Section 13-15-113
13-15-113 Report of statewide canvassed election results
Status: in_force

13-15-113 . Report of statewide canvassed election results. (1) For an election subject to a statewide canvass as provided in part 5 of this chapter, after the vote count procedures provided in 13-15-101 are completed and before the canvass required in 13-15-401 begins, the secretary of state shall design a reconciliation spreadsheet for the county election administrators, who shall then use the spreadsheet to provide the following information:

(a) the total number of registered electors in the county;

(b) the total number of ballots issued by type, including poll, absentee, provisional, and military-overseas;

(c) the total number of votes cast by type, including poll, absentee, provisional, and military-overseas;

(d) the total number of ballots accepted by type, including poll, absentee, provisional, and military-overseas;

(e) the total number of ballots rejected by type, including poll, absentee, provisional, and military-overseas;

(f) the total number of test ballots printed, used for testing, and counted;

(g) the total number of electors who registered on election day; and

(h) precinct-level information including:

(i) the total number of registered voters in the precinct; and

(ii) the total number of ballots counted in the precinct by type, including poll, absentee, provisional, and military-overseas.

(2) The spreadsheet must be posted to the county election website in a place accessible by all members of the public no later than when the board of county canvassers meets as provided in 13-15-401 .

(3) A digital copy of the spreadsheet must be retained in perpetuity. A physical copy of the spreadsheet must be retained with all other records for that election in accordance with the retention schedule provided in 13-1-303 .

(4) (a) The county election administrator shall submit the spreadsheet to the secretary of state no later than when the board of county canvassers meets as provided in 13-15-401 .

(b) The secretary of state shall use the data submitted by the counties to prepare a comprehensive reconciliation report at least 7 days prior to the certification of the election results by the board of state canvassers.

(c) If, in the process of preparing the comprehensive reconciliation report, the secretary of state discovers discrepancies within a county's results, the secretary of state shall immediately address it with the county election administrator, the county governing body, and legislative leadership for the purpose of correcting errors and reconciling discrepancies by whatever action is deemed appropriate.

(5) As soon as the report required in subsection (4) is available, the secretary of state shall:

(a) submit the report to the legislative services division, in accordance with 5-11-210 , for distribution to all members of the legislature;

(b) post the report to the statewide election website in a place accessible by all members of the public; and

(c) present the report to the state administration and veterans' affairs interim committee at the first meeting after a statewide or federal primary or general election.
Mont. Code Ann. § 13-3-101 — MT Code / Title 13 / Chapter 3 / Part 1 / Section 13-3-101
13-3-101 Establishment of election precincts
Status: in_force

13-3-101 . Establishment of election precincts. (1) The territorial unit for elections is the election precinct. All election precincts must be designated by numbers, names, or both.

(2) The governing body of each county shall establish a convenient number of election precincts, equalizing the number of electors in each precinct as nearly as possible. A precinct may not contain more than 2,500 registered voters. This subsection may only be applied at the time a county governing body revises precinct boundaries pursuant to 13-3-102 , and except as provided in subsection (3), it may not be otherwise construed to require a county governing body to revise the boundaries of precincts more frequently due to fluctuations of registered voters within the precinct between districting and apportionment plans adopted under Article V, section 14, of the Montana constitution.

(3) If fluctuations in the number of registered voters result in a precinct with 3,750 or more registered voters, the governing body shall adjust the precinct boundaries to contain 2,500 or fewer registered voters. If the governing body is required to make an adjustment to a precinct boundary pursuant to this subsection, the governing body is not required to make the adjustment during a year in which a federal election is scheduled but shall make the adjustment in the next year during which there is not a regularly scheduled federal election.
Mont. Code Ann. § 13-10-601 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-601
13-10-601 Parties eligible for primary election -- petitions by minor parties
Status: in_force

13-10-601 . Parties eligible for primary election -- petitions by minor parties. (1) Each political party that had a candidate for a statewide office in either of the last two general elections who received a total vote that was 5% or more of the total votes cast for the most recent successful candidate for governor shall nominate its candidates for public office, except for presidential electors, by a primary election as provided in this chapter.

(2) After certification of a petition by the secretary of state under 13-10-610 (1), a political party that does not qualify to hold a primary election under subsection (1) shall nominate its candidates for public office by primary election. However, this section may not be construed to prohibit an election administrator from not preparing a primary election ballot pursuant to 13-10-209 .
Mont. Code Ann. § 13-35-214 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-214
13-35-214 Illegal influence of voters
Status: in_force

13-35-214 . Illegal influence of voters. A person may not knowingly or purposely, directly or indirectly, individually or through any other person, for any election, in order to induce any elector to vote or refrain from voting or to vote for or against any particular candidate, political party ticket, or ballot issue:

(1) give, lend, agree to give or lend, offer, or promise any money, liquor, or valuable consideration or promise or endeavor to procure any money, liquor, or valuable consideration; or

(2) promise to appoint another person or promise to secure or aid in securing the appointment, nomination, or election of another person to a public or private position or employment or to a position of honor, trust, or emolument in order to aid or promote the candidate's nomination or election, except that the candidate for governor may publicly announce or define the candidate's choice for lieutenant governor.
Mont. Code Ann. § 13-2-301 — MT Code / Title 13 / Chapter 2 / Part 3 / Section 13-2-301
13-2-301 Close of regular registration -- notice -- changes
Status: in_force

13-2-301 . Close of regular registration -- notice -- changes. (1) The election administrator shall:

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

(b) publish a notice specifying the day regular registrations will close and the availability of the late registration option provided for in 13-2-304 in a newspaper of general circulation in the county at least three times in the 4 weeks preceding the close of registration or broadcast a notice on radio or television as provided in 2-3-105 through 2-3-107 , using the method the election administrator believes is best suited to reach the largest number of potential electors. The provisions of this subsection (1)(b) are fulfilled upon the third publication or broadcast of the notice.

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

(3) An application for voter registration properly executed and postmarked on or before the day regular registration is closed must be accepted as a regular registration for 3 days after regular registration is closed under subsection (1)(a).

(4) An elector who misses the deadlines provided for in this section may register to vote or change the elector's voter information and vote in the election as provided in 13-2-304 .
Mont. Code Ann. § 13-14-117 — MT Code / Title 13 / Chapter 14 / Part 1 / Section 13-14-117
13-14-117 Placing names on ballots for general election
Status: in_force

13-14-117 . Placing names on ballots for general election. (1) Except as provided in subsection (2), the two candidates for nomination to an office who receive the highest number of votes cast at the primary are the nominees for the office and qualify to have their names placed on the general election ballot.

(2) If, pursuant to 13-14-115 (2), a local or county nonpartisan primary election for an office is not held, then all candidates who filed for the office are nominees for the office and qualify to have their names placed on the general election ballot.
Mont. Code Ann. § 13-27-104 — MT Code / Title 13 / Chapter 27 / Part 1 / Section 13-27-104
13-27-104 Time for filing
Status: in_force

13-27-104 . Time for filing. Unless a specific time for filing is provided in the constitution, all petitions filed with the secretary of state, certified as provided by law, must be received before 5 p.m. of the third Friday of the fourth month prior to the election at which they are to be voted upon by the people.
Mont. Code Ann. § 13-16-302 — MT Code / Title 13 / Chapter 16 / Part 3 / Section 13-16-302
13-16-302 Service of copy of application -- hearing
Status: in_force

13-16-302 . Service of copy of application -- hearing. The candidate found to be elected as a result of the original or first canvass must be served with a copy of the application for recount. The candidate must be given an opportunity to be heard and must be permitted to be present and to be represented at any recount.
Mont. Code Ann. § 13-36-206 — MT Code / Title 13 / Chapter 36 / Part 2 / Section 13-36-206
13-36-206 Notice of filing -- prompt hearing
Status: in_force

13-36-206 . Notice of filing -- prompt hearing. On the filing of a petition under this part, the clerk shall immediately notify the judge of the court and issue a citation to the person whose nomination or office is contested, citing the person to appear and answer not less than 3 or more than 7 days after the date of filing the petition. The court shall hear the cause, and the contest must take precedence over all other business on the court docket and must be tried and disposed of with all convenient dispatch. The court is always considered to be in session for the trial of contest cases.
Mont. Code Ann. § 13-17-103 — MT Code / Title 13 / Chapter 17 / Part 1 / Section 13-17-103
13-17-103 Required specifications for voting systems
Status: in_force

13-17-103 . Required specifications for voting systems. (1) A voting system may not be approved under 13-17-101 unless the voting system:

(a) allows an elector to vote in secrecy;

(b) prevents an elector from voting for any candidate or on any ballot issue more than once;

(c) prevents an elector from voting on any office or ballot issue for which the elector is not entitled to vote;

(d) allows an elector to vote only for the candidates of the party selected by the elector in the primary election;

(e) allows an elector to vote a split ticket in a general election if the elector desires;

(f) allows each valid vote cast to be registered and recorded within the performance standards adopted pursuant to subsection (3);

(g) is protected from tampering for a fraudulent purpose;

(h) prevents an individual from seeing or knowing the number of votes registered for any candidate or on any ballot issue during the progress of voting;

(i) allows write-in voting;

(j) will, if purchased by a jurisdiction within the state, be provided with a guarantee that the training and technical assistance will be provided to election officials under the contract for purchase of the voting system;

(k) uses a paper ballot that allows votes to be manually counted;

(l) allows auditors to access and monitor any software program while it is running on the system to determine whether the software is running properly;

(m) is certified by the manufacturer to be free of any modems or other unauthorized external communication devices; and

(n) has been tested by a third-party tester before its first use to validate the manufacturer's certification required in subsection (1)(m).

(2) A voter interface device may not be approved for use in this state unless:

(a) the device meets the electronic security standards adopted by the secretary of state;

(b) the device provides accessible voting technology for electors with hearing, vision, speech, or ambulatory impairments;

(c) the device meets all requirements specified in subsection (1);

(d) the device has been made available for demonstration and use by electors with disabilities in at least one public event held by the secretary of state;

(e) disabled electors have been able to participate in the process of determining whether the system meets accessibility standards; and

(f) the device is certified by the manufacturer to be free of any modems or other unauthorized external communication devices.

(3) To implement the provisions of subsection (1)(f), the secretary of state shall adopt rules setting a benchmark performance standard that must be met in tests by each voting system prior to approval under 13-17-101 . The standard must be based on commonly accepted industry standards for readily available technologies.

(4) (a) The secretary of state shall adopt rules implementing the provisions of subsection (1)(n) and defining approved third-party testers and the testing process for voting systems.

(b) A county that acquires the new voting system shall cover the cost of the third-party test. A county may conduct additional third-party tests throughout the life of the voting system, and of the voting systems already in the county's possession and use, at the county's discretion and expense following the rules adopted by the secretary of state pursuant to subsection (4)(a).
Mont. Code Ann. § 13-12-210 — MT Code / Title 13 / Chapter 12 / Part 2 / Section 13-12-210
13-12-210 Number of ballots to be provided for each precinct
Status: in_force

13-12-210 . Number of ballots to be provided for each precinct. (1) The election administrator shall provide each election precinct with sufficient ballots for the electors registered, plus an extra supply to cover spoiled ballots.

(2) The election administrator shall keep a record in the administrator's office showing the exact number of ballots that are delivered to the election judges of each precinct.
Mont. Code Ann. § 13-13-233 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-233
13-13-233 Issuing and recording absentee ballots -- certificate to election judges
Status: reserved

13-13-233 . Issuing and recording absentee ballots -- certificate to election judges. (1) Absentee ballots must be official numbered paper ballots beginning with ballot number 1 and following consecutively according to the number of applications for absentee ballots.

(2) The election administrator shall keep a record of all absentee ballots issued.

(3) The election administrator shall keep a record of the following information subject to the appropriate retention schedule:

(a) the ballot numbers of the absentee ballots mailed or transmitted pursuant to 13-13-214 , 13-21-106 (3)(a), and 13-21-224 , delivered pursuant to 13-13-229 , or marked in person pursuant to 13-13-222 ;

(b) the number of ballots to be reserved for late absentee voting pursuant to 13-13-211 (2); and

(c) the names of the electors within the precinct to whom the ballots were provided.
Mont. Code Ann. § 13-35-201 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-201
13-35-201 Electors and ballots
Status: in_force

13-35-201 . Electors and ballots. (1) An elector may not show the contents of the elector's ballot to anyone after it is marked. An elector may not place any mark upon the ballot by which it may be identified as the one voted by the elector.

(2) An elector may not receive a ballot from any person other than an election judge and may not vote any ballot except one received from an election judge. A person other than an election judge may not deliver a ballot to an elector.

(3) A person may not solicit an elector to show the elector's ballot after it is marked.

(4) An elector who does not vote a ballot delivered to the elector shall, before leaving the polling place, return the ballot to an election judge.
Mont. Code Ann. § 13-35-804 — MT Code / Title 13 / Chapter 35 / Part 8 / Section 13-35-804
13-35-804 Penalties
Status: in_force

13-35-804 . Penalties. (1) A complaint of 13-35-802 may be filed with the commissioner of political practices pursuant to 13-37-111 . A sufficiency finding from the commissioner of an investigation into a complaint filed under 13-37-111 is subject to civil penalties under 13-37-128 imposed by the commissioner or county attorney.

(2) A second sufficiency finding by the commissioner must be referred to the county attorney for misdemeanor prosecution. Upon conviction, a violation is punishable by a fine of not more than $500, imprisonment in county jail for not more than 6 months, or both.

(3) A third sufficiency finding by the commissioner must be referred to the attorney general or county attorney for felony prosecution. Upon conviction, a violation is punishable by a fine of not more than $5,000, imprisonment in the state prison for not more than 2 years, or both.

(4) All penalties accruing under this section are cumulative to each other, and a suit for or recovery of one is not a bar to the recovery of any other penalty.

(5) A prosecution under this section is not a bar to enforcement by injunction or other appropriate civil or administrative remedies.
Mont. Code Ann. § 13-17-203 — MT Code / Title 13 / Chapter 17 / Part 2 / Section 13-17-203
13-17-203 Publication of information concerning voting systems
Status: in_force

13-17-203 . Publication of information concerning voting systems. (1) Not more than 12 days or less than 2 days before an election at which a voting system will be used by voters, the election administrator shall broadcast on radio or television, as provided in 2-3-105 through 2-3-107 , or publish in a newspaper of general circulation in the county:

(a) a diagram showing the voting system to be used by voters and a sample of the ballot layout (in newspaper only);

(b) a statement of the locations where voting systems to be used by voters are on public exhibition; and

(c) instructions on how to vote.

(2) The election administrator shall select the method of notification that the election administrator believes is best suited to reach the largest number of potential electors.
Mont. Code Ann. § 13-4-107 — MT Code / Title 13 / Chapter 4 / Part 1 / Section 13-4-107
13-4-107 Qualifications of election judges
Status: in_force

13-4-107 . Qualifications of election judges. (1) Election judges must be registered electors of the county in which they serve.

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

(3) If a polling place for a precinct is located in the same venue as one or more other precincts, a candidate whose name appears on any ballot being voted on within the venue, an ascendant, descendant, brother, sister, or spouse of the candidate, or a spouse of an ascendant, descendant, brother, or sister of the candidate may not serve as an election judge within the venue.
Mont. Code Ann. § 13-13-113 — MT Code / Title 13 / Chapter 13 / Part 1 / Section 13-13-113
13-13-113 Warning notice to be posted
Status: in_force

13-13-113 . Warning notice to be posted. (1) Warning notices must be posted in conspicuous places in the polling place. Each notice must be headed "WARNING" in large letters and must state:

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

(2) Below this statement must be printed the text for sections 13-35-201 , 13-35-202 , 13-35-206 , 13-35-211 , 13-35-214 , 13-35-217 , and 13-35-218 .

(3) The notice may also contain any other information prescribed by the secretary of state.
Mont. Code Ann. § 13-14-113 — MT Code / Title 13 / Chapter 14 / Part 1 / Section 13-14-113
13-14-113 Filing for offices without salary or fees
Status: in_force

13-14-113 . Filing for offices without salary or fees. (1) Candidates for nonpartisan offices for which a salary or fees are not paid shall file with the appropriate official a petition for nomination or a declaration for nomination containing the information and the oath of the candidate required for a declaration of nomination in a form prescribed by the secretary of state.

(2) Petitions for nomination or declarations for nomination must be filed within the filing period provided in 13-10-201 (7).

(3) Except for a candidate covered under 7-1-205 , a candidate may not file for more than one public office.
Mont. Code Ann. § 13-37-240 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-240
13-37-240 Surplus campaign funds
Status: in_force

13-37-240 . Surplus campaign funds. (1) A candidate shall dispose of any surplus funds from the candidate's campaign within 120 days after the time of filing the closing campaign report pursuant to 13-37-228 . In disposing of the surplus funds, a candidate may not contribute the funds to another campaign, including the candidate's own future campaign, or use the funds for personal benefit. A successful candidate for a statewide elected or legislative office or for public service commissioner may establish a continuing service account as provided in 13-37-402 . The candidate shall provide a supplement to the closing campaign report to the commissioner showing the disposition of any surplus campaign funds.

(2) For purposes of this section, "personal benefit" means a use that will provide a direct or indirect benefit of any kind to the candidate or any member of the candidate's immediate family.
Mont. Code Ann. § 13-25-304 — MT Code / Title 13 / Chapter 25 / Part 3 / Section 13-25-304
13-25-304 Pledge
Status: in_force

13-25-304 . Pledge. Each elector nominated by a political party under 13-25-101 or by an unaffiliated presidential candidate shall execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees of the political party that nominated me." The executed pledges must accompany the submission of the corresponding names to the secretary of state under 13-25-101 (1).
Mont. Code Ann. § 13-17-510 — MT Code / Title 13 / Chapter 17 / Part 5 / Section 13-17-510
13-17-510 Random-sample audit of vote-counting machines optional after nonfederal elections -- rulemaking authority
Status: in_force

13-17-510 . Random-sample audit of vote-counting machines optional after nonfederal elections -- rulemaking authority. (1) After unofficial results are available to the public in a nonfederal election, but before the official canvass by the county board of canvassers, the board of county commissioners may request a random-sample audit of vote-counting machines.

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

(a) appeared to have at least one overvote;

(b) appeared to be blank;

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

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

(3) On or before May 1, 2024, the secretary of state shall adopt rules to implement the provisions of this section, including but not limited to rules for:

(a) the manner in which the random-sample audit of vote-counting machines will be conducted;

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

(c) the process to be used to select the ballots that are to be included in the random-sample audit.
Mont. Code Ann. § 13-37-402 — MT Code / Title 13 / Chapter 37 / Part 4 / Section 13-37-402
13-37-402 Continuing service accounts -- reports
Status: in_force

13-37-402 . Continuing service accounts -- reports. (1) A continuing service account may be established to pay for constituent services by a successful candidate required to report under 13-37-229 . A continuing service account may be established by filing an appropriate form with the commissioner.

(2) (a) A successful candidate may deposit only surplus campaign funds in a continuing service account.

(b) Any loans owed must be paid back, not forgiven, before a continuing service account may be created and funded.

(c) The money in the account may be used only for constituent services. The money in the account may not be used for:

(i) personal benefit; or

(ii) campaign expenditures authorized pursuant to Title 13, chapter 37, part 2.

(3) A person described in subsection (1) may not establish any account related to the public official's office other than a continuing service account. This subsection does not prohibit a person from establishing a campaign account.

(4) The holder of a continuing service account shall file a quarterly report with the commissioner, by a date established by the commissioner by rule. The report must disclose the source of all money deposited in the account and enumerate expenditures from the account. The report must include the same information as required for a candidate required to report under 13-37-229 . The report must be certified as provided in 13-37-231 .

(5) The holder of a continuing service account shall close the account within 120 days after the account holder leaves public office.
Mont. Code Ann. § 13-27-250 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-250
13-27-250 Question of holding constitutional convention -- form and content
Status: in_force

13-27-250 . Question of holding constitutional convention -- form and content. (1) Unless otherwise submitted earlier, the secretary of state shall cause the question of holding an unlimited constitutional convention to be submitted to the people at the general election in 1990. The same question must be submitted at the general election in each 20th year following its last submission, unless otherwise submitted earlier.

(2) The ballot submitting the question to the people must contain the following:

"Article XIV, sections 3 and 4, of the Montana constitution require the question of holding an unlimited constitutional convention to be submitted to the people at the general election in each 20th year following its last submission. If a majority of those voting on the question answer in the affirmative, the legislature shall provide for the calling of a constitutional convention at its next session.

☐ FOR calling a constitutional convention

☐ AGAINST calling a constitutional convention"
Mont. Code Ann. § 13-37-602 — MT Code / Title 13 / Chapter 37 / Part 6 / Section 13-37-602
13-37-602 Organization statement
Status: in_force

13-37-602 . Organization statement. (1) Within 5 days of becoming a reporting entity, the reporting entity shall certify its name and complete address with the commissioner.

(2) A minor party qualification committee shall include the following additional information in the certification:

(a) the name and address of the committee's treasurer;

(b) the name and address of all officers, if any;

(c) an organizational statement; and

(d) the name and address of the depository designated for depositing all contributions received and disbursing all expenditures made by the minor party qualification committee.

(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 depository under subsection (2).
Mont. Code Ann. § 13-27-401 — MT Code / Title 13 / Chapter 27 / Part 4 / Section 13-27-401
13-27-401 Voter information pamphlet
Status: in_force

13-27-401 . Voter information pamphlet. (1) The secretary of state shall prepare for printing a voter information pamphlet containing information relevant to the election, including but not limited to the following information for each statewide ballot issue to be voted on at an election, as applicable:

(a) ballot title, fiscal statement if applicable, and complete text of the issue;

(b) the form in which the issue will appear on the ballot;

(c) arguments advocating approval and rejection of the issue; and

(d) rebuttal arguments.

(2) The pamphlet must also contain a notice advising the recipient as to where additional copies of the pamphlet may be obtained.

(3) Whenever more than one statewide ballot issue is to be voted on at a single election, the secretary of state may publish a single pamphlet for all of the statewide ballot issues. The secretary of state may arrange the information in the order that seems most appropriate, but the information for all statewide ballot issues in the pamphlet must be presented in the same order.

(4) The secretary of state may prescribe by rule the format and manner of submission of the arguments concerning the statewide ballot issue.
Mont. Code Ann. § 13-4-105 — MT Code / Title 13 / Chapter 4 / Part 1 / Section 13-4-105
13-4-105 Oath of judges
Status: in_force

13-4-105 . Oath of judges. Before beginning service on each election day, the election judges must take and subscribe the official oath prescribed by the constitution. The election judges may administer the oath to each other.
Mont. Code Ann. § 13-19-307 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-307
13-19-307 Places of deposit -- poll watchers authorized
Status: in_force

13-19-307 . Places of deposit -- poll watchers authorized. (1) (a) The election administrator shall designate the election administrator's office and may designate one or more places in the political subdivision in which the election is being conducted as places of deposit where ballots may be returned in person by the elector or the elector's agent or designee.

(b) If the election administrator's office is not accessible pursuant to 13-3-205 , the election administrator shall designate at least one accessible place of deposit.

(2) Prior to election day, ballots may be returned to any designated place of deposit during the days and times set by the election administrator and within the regular business hours of the location.

(3) On election day, each location designated as a place of deposit must be open as provided in 13-1-106 , and ballots may be returned during those hours.

(4) The election administrator may designate certain locations as election day places of deposit, and any designated location functions as a place of deposit only on election day.

(5) Each place of deposit must be staffed by at least two election officials who, except for election judges serving in elections under Title 20, chapter 20, are selected in the same manner as provided for the selection of election judges in 13-4-102 .

(6) The election administrator shall provide each designated place of deposit with an official ballot transport box secured as provided by law.

(7) Poll watchers must be allowed as provided in 13-13-120 and 13-13-121 at each place of deposit during the days and times that the place of deposit is open for the return of ballots.
Mont. Code Ann. § 13-27-103 — MT Code / Title 13 / Chapter 27 / Part 1 / Section 13-27-103
13-27-103 Sufficiency of signature -- electronic signatures prohibited
Status: in_force

13-27-103 . Sufficiency of signature -- electronic signatures prohibited. (1) A signature for a petition may not be counted unless it is the original signature of the elector in ink, and the elector has signed in substantially the same manner as on the voter registration form. If the elector is registered with a first and middle name, the use of an initial instead of either the first or middle name, but not both names, need not disqualify the signature. The signature may be counted so long as the signature, taken as a whole, bears sufficient similarity to the signature on the registration form as to provide reasonable certainty of its authenticity.

(2) Electronic, digital, or facsimile signatures, including electronic signatures pursuant to Title 30, chapter 18, part 1, are prohibited.
Mont. Code Ann. § 13-27-407 — MT Code / Title 13 / Chapter 27 / Part 4 / Section 13-27-407
13-27-407 Rebuttal arguments
Status: in_force

13-27-407 . Rebuttal arguments. The secretary of state shall provide copies of the arguments advocating approval or rejection of a statewide ballot issue to the members of the adversary committee no later than 1 day following the filing of both the approval and rejection arguments for the issue. The committees may prepare rebuttal arguments no longer than one-half the size of the arguments under 13-27-406 that must be filed, in a black-and-white, camera-ready format, with the secretary of state no later than 10 days after the deadline for filing the original arguments. 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. Discussion in the rebuttal argument must be confined to the subject matter raised in the argument being rebutted. The rebuttal argument must be approved and signed by a majority of the committee responsible for its preparation. Separate signed letters of approval may be submitted in the same manner as for the original arguments.
Mont. Code Ann. § 13-37-129 — MT Code / Title 13 / Chapter 37 / Part 1 / Section 13-37-129
13-37-129 Liability and disposition of fines
Status: in_force

13-37-129 . Liability and disposition of fines. In determining the amount of liability under 13-37-128 , the court may take into account the seriousness of a violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action brought by a county attorney in a court other than a justice's court, the county shall receive 50% of the amount recovered. The remaining 50% shall be deposited in the general fund of the state. In an action brought by the commissioner in a court other than a justice's court, the entire amount recovered shall be paid to the general fund of the state.
Mont. Code Ann. § 13-25-203 — MT Code / Title 13 / Chapter 25 / Part 2 / Section 13-25-203
13-25-203 Vacancy in office of United States representative
Status: in_force

13-25-203 . Vacancy in office of United States representative. (1) If a vacancy occurs in the office of United States representative, the governor shall immediately order an election to be held to fill the vacancy, except as provided in subsection (3).

(2) The election to fill the unexpired term must be held no less than 85 and no more than 100 days from the date on which the vacancy occurs, except that if the vacancy occurs:

(a) between 85 days and 150 days before a municipal general election, the election must be held with the municipal general election;

(b) between January 1 in an even-numbered year and 85 days before a federal primary election, the election must be held with the federal primary election;

(c) less than 85 days before a federal primary election, the election must be held with the federal general election;

(d) between the federal primary election and 85 days before a federal general election, the election must be held with the federal general election;

(e) less than 85 days before a municipal general election or federal general election, the election must be held no less than 85 days and no more than 100 days after the date of the general election.

(3) If a vacancy in the office of United States representative occurs between the federal primary and the federal general election in even-numbered years, the candidate elected to the office for the succeeding full term shall immediately take office to fill the unexpired term.
Mont. Code Ann. § 13-27-237 — MT Code / Title 13 / Chapter 27 / Part 2 / Section 13-27-237
13-27-237 Numbering of petitions
Status: in_force

13-27-237 . Numbering of petitions. The secretary of state shall serially number all submitted petitions that are approved as to form continuously from year to year. The numbering system shall distinguish the different types of petitions received and include provisions for numbering measures referred to the people by the legislature.
Mont. Code Ann. § 13-27-605 — MT Code / Title 13 / Chapter 27 / Part 6 / Section 13-27-605
13-27-605 Court review of attorney general opinion or approved petitioner statements
Status: in_force

13-27-605 . Court review of attorney general opinion or approved petitioner statements. (1) If the proponents of a statewide ballot issue believe that the ballot statements approved by the attorney general do not satisfy the requirements of 13-27-212 or 13-27-213 or believe that the attorney general was incorrect in determining that the petition was legally deficient, they may, within 10 days of the attorney general's determination regarding legal sufficiency provided for in 13-27-226 , file an original proceeding in the supreme court challenging the adequacy of the statement or the attorney general's determination and requesting the court to alter the statement or modify the attorney general's determination.

(2) If the opponents of a statewide ballot issue believe that the petitioner ballot statements approved by the attorney general do not satisfy the requirements of 13-27-212 or 13-27-213 or believe that the attorney general was incorrect in determining that the petition was legally sufficient, they may, within 10 days of the date of certification to the governor that the completed petition has been officially filed, file an original proceeding in the supreme court challenging the adequacy of the statement or the attorney general's determination and requesting the court to alter the statement or overrule the attorney general's determination concerning the legal sufficiency of the petition. The attorney general shall respond to a complaint within 5 days.

(3) (a) Notice must be served upon the secretary of state and upon the attorney general.

(b) If the proceeding requests modification of ballot statements, an action brought under this section must state how the petitioner's ballot statements approved by the attorney general do not satisfy the requirements of 13-27-212 or 13-27-213 and must propose alternate ballot statements that satisfy the requirements of 13-27-212 and 13-27-213 .

(c) (i) Pursuant to Article IV, section 7(2), of the Montana constitution, an action brought pursuant to this section takes precedence over other cases and matters in the supreme court. The court shall examine the proposed issue and the challenged statement or determination of the attorney general and shall as soon as possible render a decision as to the adequacy of the ballot statements or the correctness of the attorney general's determination.

(ii) If the court decides that the ballot statements do not meet the requirements of 13-27-212 or 13-27-213 , it may order the attorney general to revise the ballot statements within 5 days or certify to the secretary of state ballot statements that the court determines will meet the requirements of 13-27-212 and 13-27-213 . A ballot statement revised by the attorney general pursuant to the court's order or certified by the court must be placed on the petition for circulation and on the official ballot.

(iii) If the court decides that the attorney general's legal sufficiency determination is incorrect and that a proposed issue does not comply with statutory and constitutional requirements governing submission of the issue to the electors, any petitions supporting the issue are void and the issue may not appear on the ballot. A proponent of the statewide ballot issue may resubmit a revised issue, pursuant to 13-27-214 , subject to the deadlines provided in this chapter.

(iv) If the court decides that the attorney general's legal deficiency determination is incorrect and that a proposed statewide ballot issue complies with statutory and constitutional requirements governing submission of the issue to the electors, the attorney general shall prepare ballot statements that comply with 13-27-212 and 13-27-213 and forward the statements to the secretary of state within 5 days of the court's decision.

(4) A petition may be circulated by a signature gatherer upon transmission of the sample petition form by the secretary of state pending review under this section. If, upon review, the attorney general or the supreme court revises the petition form or ballot statements, any petitions signed prior to the revision are void.

(5) An original proceeding in the supreme court under this section is the exclusive remedy for a challenge to the petitioner's ballot statements, as approved by the attorney general, or the attorney general's legal sufficiency determination. A statewide ballot issue may not be invalidated under this section after the secretary of state has certified the ballot under 13-12-201 .

(6) This section does not limit the right to challenge a constitutional defect in the substance of an issue approved by a vote of the people.
Mont. Code Ann. § 13-21-227 — MT Code / Title 13 / Chapter 21 / Part 2 / Section 13-21-227
13-21-227 Confirmation of receipt of application and voted ballot
Status: in_force

13-21-227 . Confirmation of receipt of application and voted ballot. The secretary of state, in coordination with local election officials, shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or internet whether:

(1) the voter's federal postcard application or other registration or military-overseas ballot application has been received and accepted; and

(2) the voter's military-overseas ballot has been received and the current status of the ballot.
Mont. Code Ann. § 13-27-114 — MT Code / Title 13 / Chapter 27 / Part 1 / Section 13-27-114
13-27-114 Paid signature gatherers -- disclosure requirements
Status: in_force

13-27-114 . Paid signature gatherers -- disclosure requirements. A paid signature gatherer, as defined in 13-27-112 , shall verbally disclose their first name, the state in which they legally reside, and their status as a paid signature gatherer to anyone they approach about signing a petition. The paid signature gatherer shall also wear a badge stating this information, including their full first name and last initial.
Mont. Code Ann. § 13-27-112 — MT Code / Title 13 / Chapter 27 / Part 1 / Section 13-27-112
13-27-112 Signature gathering -- registration -- reports -- penalty
Status: in_force

13-27-112 . Signature gathering -- registration -- reports -- penalty. (1) (a) A person who employs a paid signature gatherer shall register with the secretary of state prior to collecting signatures. Except as provided in subsection (1)(b), the registration in this subsection (1) must be accompanied by a filing fee of not more than $100 or an amount set by the secretary of state. The fee must be deposited in an account to the credit of the secretary of state in accordance with 2-15-405 (4).

(b) A person who employs a paid signature gatherer may seek a waiver from the fee required in subsection (1)(a) by demonstrating a financial inability to pay without substantial hardship.

(c) The secretary of state may adopt rules to provide for the administration of this subsection (1), including rules to implement a standard registration form and the waiver provisions in subsection (1)(b).

(2) (a) Except as provided in this section, a person who employs a paid signature gatherer shall file with the commissioner reports containing those matters required by Title 13, chapter 37, part 2, for a political committee organized to support or oppose a ballot issue or for an independent committee that receives contributions and makes expenditures in connection with a ballot issue, as applicable. If a person who employs a paid signature gatherer is required by Title 13, chapter 37, part 2, to file a report pursuant to those provisions, the person need not file a duplicate report pursuant to this section, but shall report the matter required by subsection (2) as part of that report.

(b) The reports required by this subsection (2) must include the amount paid to a paid signature gatherer.

(c) Reports filed pursuant to this subsection (2) must be filed at the same time, in the same manner, including the certification required by 13-37-231 , and upon the same forms as required for reports filed pursuant to Title 13, chapter 37, part 2, except as the rules of the commissioner may otherwise provide.

(d) A person who violates subsection (2)(a) is guilty of a misdemeanor and upon conviction shall be punished as provided by law.

(3) The commissioner has the same powers and duties regarding the regulation of signature gatherers as the commissioner has regarding the control of campaign practices as provided in Title 13, chapter 37, including the investigation of alleged violations of 13-27-112 and the issuance of orders of noncompliance for and prosecution of violations of 13-27-112 .

(4) The commissioner may adopt rules to implement subsection (2).

(5) As used in subsections (2) and (3), unless the context indicates otherwise, the following definitions apply:

(a) "Commissioner" means the commissioner of political practices provided for in 13-37-102 .

(b) "Paid signature gatherer" means a signature gatherer who is compensated in money for the collection of signatures.

(c) (i) "Person" has the meaning provided in 13-1-101 and includes a political committee.

(ii) The term does not include a candidate.

(d) (i) "Person who employs a paid signature gatherer" means a political party, political committee, or other person seeking to place a ballot issue before the electors.

(ii) The term does not include an individual who is part of the same signature gathering company, partnership, or other business organization that directly hires, supervises, and pays an individual who is a signature gatherer.

(e) "Signature gatherer" means an individual who collects signatures on a petition for the purpose of an initiative, a referendum, or the calling of a constitutional convention.
Mont. Code Ann. § 13-35-218 — MT Code / Title 13 / Chapter 35 / Part 2 / Section 13-35-218
13-35-218 Coercion or undue influence of voters
Status: in_force

13-35-218 . Coercion or undue influence of voters. (1) A person, directly or indirectly, individually or through any other person, in order to induce or compel a person to vote or refrain from voting for any candidate, the ticket of any political party, or any ballot issue before the people, may not:

(a) use or threaten to use any force, coercion, violence, restraint, or undue influence against any person; or

(b) inflict or threaten to inflict, individually or with any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person.

(2) A person may not, by abduction, duress, or any fraudulent contrivance, impede or prevent the free exercise of the franchise by any voter at any election or compel, induce, or prevail upon any elector to give or to refrain from giving the elector's vote at any election.

(3) A person may not, in any manner, interfere with a voter lawfully exercising the right to vote at an election in order to prevent the election from being fairly held and lawfully conducted.

(4) A person on election day may not obstruct the doors or entries of any polling place or engage in any solicitation of a voter within the room where votes are being cast or elsewhere in any manner that in any way interferes with the election process or obstructs the access of voters to or from the polling place.
Mont. Code Ann. § 13-10-613 — MT Code / Title 13 / Chapter 10 / Part 6 / Section 13-10-613
13-10-613 Rulemaking
Status: in_force

13-10-613 . Rulemaking. The secretary of state shall adopt rules to implement the provisions of this part.
Mont. Code Ann. § 13-25-303 — MT Code / Title 13 / Chapter 25 / Part 3 / Section 13-25-303
13-25-303 Designation of electors
Status: in_force

13-25-303 . Designation of electors. Pursuant to 13-25-101 , each political party qualified under 13-10-601 or unaffiliated presidential candidate shall submit to the secretary of state the names of two qualified individuals for each elector position in this state. One of the individuals must be designated as the elector nominee and the other must be designated as the alternate elector nominee. Unless otherwise provided by 13-25-305 through 13-25-308 , Montana's electors are the winning electors under the laws of this state.
Mont. Code Ann. § 13-22-102 — MT Code / Title 13 / Chapter 22 / Part 1 / Section 13-22-102
13-22-102 Purpose and intent
Status: in_force

13-22-102 . Purpose and intent. The intent of the legislature is to establish a nonpartisan youth voting program that will:

(1) provide the youth of Montana with practical experience in the democratic process;

(2) increase the likelihood that Montana's youth will participate in the process as adult voters and encourage the participation of more parents in elections;

(3) not benefit any elected official, candidate for elective office, political party, campaign for or against any ballot issue, or any proposed ballot issue attempting to qualify for placement on a ballot; and

(4) be entirely funded through private donations.
Mont. Code Ann. § 13-14-114 — MT Code / Title 13 / Chapter 14 / Part 1 / Section 13-14-114
13-14-114 Register of candidates
Status: in_force

13-14-114 . Register of candidates. On receipt of a declaration or petition, the secretary of state or election administrator shall, if a register is kept, make an entry in the register of candidates for nomination, on a page different from entries made for candidates of political parties.
Mont. Code Ann. § 13-37-228 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-228
13-37-228 Time periods covered by reports
Status: in_force

13-37-228 . Time periods covered by reports. Reports filed under 13-37-225 and 13-37-226 must be filed to cover the following time periods even though no contributions or expenditures may have been received or made during the period:

(1) The initial report must cover all contributions received or expenditures made by a candidate, political committee, or joint fundraising committee from the time that a person became a candidate a political committee, as defined in 13-1-101 , or a joint fundraising committee, as provided in 13-37-211 , until the 5th day before the date of filing of the appropriate initial report pursuant to 13-37-226 . Reports filed by political committees organized to support or oppose a statewide ballot issue must disclose all contributions received and expenditures made prior to the time a proposed issue is submitted to the secretary of state in 13-27-214 even if the issue subsequently fails to complete the review process or fails to garner sufficient signatures to qualify for the ballot.

(2) Subsequent periodic reports must cover the period of time from the closing of the previous report to 5 days before the date of filing of a report pursuant to 13-37-226 . For the purposes of this subsection, the reports required under 13-37-226 (1)(c), (1)(d), (2)(c), and (2)(d) are not periodic reports and must be filed as required by 13-37-226 (1)(c), (1)(d), (2)(c), and (2)(d), as applicable.

(3) Closing reports must cover the period of time from the last periodic report to the final closing of the books of the candidate, political committee, or joint fundraising committee. A candidate, political committee, or joint fundraising committee shall file a closing report following an election in which the candidate, political committee, or joint fundraising committee participates whenever all debts and obligations are satisfied and further contributions or expenditures will not be received or made that relate to the campaign unless the election is a primary election and the candidate, political committee, or joint fundraising committee will participate in the general election.

(4) If all debts and obligations are satisfied and further contributions or expenditures will not be received or made, a joint fundraising committee may file a closing report at any time.
Mont. Code Ann. § 13-17-502 — MT Code / Title 13 / Chapter 17 / Part 5 / Section 13-17-502
13-17-502 Definitions
Status: in_force

13-17-502 . Definitions. As used in this part, the following definitions apply:

(1) "Computer software expert" means a person who has obtained a bachelor of science degree in computer science with expertise in software engineering and who is not affiliated with an election software vendor.

(2) "County audit committee" means the committee that conducts a random-sample audit in a county.

(3) "Vote-counting machine" means an individual piece of equipment used to automatically tabulate votes.
Mont. Code Ann. § 13-37-206 — MT Code / Title 13 / Chapter 37 / Part 2 / Section 13-37-206
13-37-206 Exception for certain school districts and certain special districts
Status: in_force

13-37-206 . Exception for certain school districts and certain special districts. (1) The provisions of this part, except 13-37-216 and 13-37-217 , do not apply to a candidate for the office of trustee of a school district, the candidate's political campaign, or a political committee organized to support or oppose a school district issue or a candidate when the school district is:

(a) a first-class district located in a county having a population of less than 15,000;

(b) a second- or third-class district; or

(c) a county high school district having a student enrollment of less than 2,000.

(2) The provisions of this part, except 13-37-216 and 13-37-217 , do not apply to a candidate, the candidate's political campaign, or a political committee organized to support or oppose an issue or a candidate if the candidate is running for or the committee's issue involves a unit of local government authorized by law to perform a single function or a limited number of functions, including but not limited to a conservation district, a weed management district, a fire district, a community college district, a hospital district, an irrigation district, a sewer district, a transportation district, a water district, any other special purpose district, or any entity formed by interlocal agreement.
Mont. Code Ann. § 13-13-241 — MT Code / Title 13 / Chapter 13 / Part 2 / Section 13-13-241
13-13-241 Examination of absentee ballot signature envelopes -- deposit of absentee and unvoted ballots -- rulemaking
Status: in_force

13-13-241 . Examination of absentee ballot signature envelopes -- deposit of absentee and unvoted ballots -- rulemaking. (1) (a) Upon receipt of each absentee ballot signature envelope, an election administrator shall compare the signature of the elector or elector's agent on the absentee ballot request or on the elector's voter registration form with the signature on the signature envelope and shall compare the date of birth of the elector from the elector's absentee ballot request form or from the elector's voter registration form with the date of birth listed of the elector on the signature envelope.

(b) If the elector is legally registered, the signature on the signature envelope matches the signature on the absentee ballot application or on the elector's voter registration form, and the date of birth on the signature envelope matches the date of birth of the elector on the elector's absentee ballot request form or from the elector's voter registration form, the election administrator or an election judge shall handle the ballot as an accepted ballot.

(c) (i) If the elector is provisionally registered and both the signature on the signature envelope matches the signature on the absentee ballot application or on the elector's voter registration form and the date of birth on the signature envelope matches the date of birth of the elector on the elector's absentee ballot request form or from the elector's voter registration form, the election administrator or an election judge shall open the outer signature envelope and determine whether the elector's voter identification and eligibility information, if enclosed pursuant to 13-13-201 , is sufficient pursuant to rules adopted under 13-2-109 to legally register the elector.

(ii) If the voter identification and eligibility information is sufficient to legally register the elector, the ballot must be handled as an accepted ballot.

(iii) If voter identification or eligibility information was not enclosed or the information enclosed is insufficient to legally register the elector, the ballot must be handled as a provisional ballot under 13-15-107 .

(2) If a voted absentee ballot has not been placed in a secrecy envelope, the election administrator shall place the ballot in a secrecy envelope without examining the ballot.

(3) In a primary election, if unvoted party ballots are returned by a voter, they must be separated and handled pursuant to 13-1-303 and 13-12-202 .

(4) If an elector's ballot is to be handled as a provisional ballot, the election administrator shall notify the absentee elector as provided in 13-13-245 .

(5) If the signature on the absentee ballot signature envelope does not match the signature on the absentee ballot request form or on the elector's voter registration form or if there is no signature on the absentee ballot signature envelope, the election administrator shall notify the elector as provided in 13-13-245 .

(6) If the 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, the election administrator shall notify the elector as provided in 13-13-245 .

(7) If at any point there is a question concerning the validity of a particular ballot, the question must be resolved as provided in 13-13-245 .

(8) (a) Except as provided in subsection (9), after receiving an absentee ballot secrecy envelope and if the validity of the ballot is confirmed pursuant to 13-13-245 , then no sooner than 3 business days before election day, the election official may open the secrecy envelope and place the ballot in the proper, secured ballot box until tabulation occurs. Automatic tabulation using a vote-counting machine may not begin sooner than 1 day before election day. Tabulation using a manual count may not begin until election day.

(b) An election official may not conduct the process described in subsection (8)(a) on a Saturday or a Sunday.

(c) Ballot preparation as described in this subsection (8) is open to the public. Tabulation is open to the public as provided in 13-15-101 .

(d) Access to an electronic system containing early tabulation results is limited to the election administrator and the election administrator's designee. Results may not be released except as provided in 13-35-241 .

(9) For a county with fewer than 8,000 registered electors or fewer than 5,000 absentee electors at the close of regular registration, the ballot preparation process described in subsection (8)(a) may not begin sooner than 1 business day before election day.

(10) The election administrator shall safely and securely keep the absentee ballots in the election administrator's office until delivered by the election administrator to the election judges.

(11) The secretary of state shall develop administrative rules to establish the process and procedures to be used during the early preparation of ballots to ensure the security of the ballots and the secrecy of the votes during the early preparation period. The rules must include but are not limited to:

(a) the allowable distance from the observers to the judges and ballots;

(b) the security in the observation area;

(c) secrecy of votes during the preparation of the ballots; and

(d) security of the secured ballot boxes in storage until tabulation procedures begin.
Mont. Code Ann. § 13-22-103 — MT Code / Title 13 / Chapter 22 / Part 1 / Section 13-22-103
13-22-103 Youth voting program established -- program coordination -- school participation
Status: in_force

13-22-103 . Youth voting program established -- program coordination -- school participation. (1) There is a youth voting program for minors to provide young Montanans direct experience in the voting process.

(2) The secretary of state, in consultation with the superintendent of public instruction, shall solicit county election administrators and schools throughout the state to participate in the youth voting program. The secretary of state and the superintendent of public instruction shall confer with the participating county election administrators and county superintendents of schools and, from among interested schools, shall facilitate the participation of as many schools in the program as available funds and other circumstances allow. A designated school may, at any time, decline to participate by notifying the secretary of state in writing.
Mont. Code Ann. § 13-19-301 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-301
13-19-301 Voting mail ballots
Status: in_force

13-19-301 . Voting mail ballots. (1) Upon receipt of a mailed ballot, the elector may vote by:

(a) marking the ballot in the manner specified;

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

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

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

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

(f) returning the signature envelope with all appropriate enclosures, as provided in 13-19-306 .

(2) For the purpose of this chapter, an official ballot is voted when the marked ballot is received at a place of deposit.

(3) A legally registered or provisionally registered elector with a disability may receive and vote a ballot using procedures established in 13-13-246 .
Mont. Code Ann. § 13-35-802 — MT Code / Title 13 / Chapter 35 / Part 8 / Section 13-35-802
13-35-802 Use of deepfakes in election communications and electioneering communications -- disclosure requirements -- exceptions
Status: in_force

13-35-802 . Use of deepfakes in election communications and electioneering communications -- disclosure requirements -- exceptions. (1) (a) Except as provided in subsection (1)(b), a person, corporation, committee, political party, or other entity, working in an official election capacity, may not, within 60 days of the initiation of voting in an election at which a candidate for elective office appears on the ballot, pay for or sponsor the production, creation, or distribution of an election communication or an electioneering communication that the person, corporation, committee, political party, or other entity knew or should have known is a deepfake of a candidate or political party on the ballot.

(b) The prohibition in subsection (1)(a) does not apply to an election communication or electioneering communication that includes a disclosure stating, "This _____ (image/audio/video/multimedia) has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful".

(c) The disclosure required in subsection (1)(b) must:

(i) for a printed communication, be stated in bold font with a font size of at least 12 points;

(ii) for a television or video communication, be clearly readable throughout the communication and occupy at least 4% of the vertical picture height;

(iii) for a public internet communication that includes text or graphic components, be viewable without the user taking any action and be large enough to be clearly readable; or

(iv) for an audio component of a communication, be at least 8 seconds in length and be spoken in a clearly audible and intelligible manner at either the beginning or the end of the audio component of the communication.

(2) The prohibition in subsection (1)(a) and the penalties in 13-35-803 and 13-35-804 do not apply to the following:

(a) a radio or television broadcasting station, including a cable television, satellite television, streaming service operator, or website, or programmer or producer, may broadcast or transmit a deepfake as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event if the broadcast clearly acknowledges through context or a disclaimer, in a manner that can be easily read or heard, that content being broadcast or transmitted may be generated in whole or in part by using artificial intelligence and may not accurately represent the speech or conduct of the depicted individual;

(b) a radio or television broadcasting station, including a cable television, satellite television, streaming service operator, or website, or programmer or producer, when it is paid to broadcast a deepfake, or in cases in which federal law requires broadcasters to air advertisements from legally qualified candidates;

(c) a deepfake that constitutes satire or parody;

(d) a distribution platform may publish, post, or distribute an advertisement or a prerecorded phone message if the distribution platform shows that its disclaimer requirements are consistent with the requirements provided in subsections (1)(b) and (1)(c) and that it provided those disclaimer requirements to the person that purchased the distribution of the advertisement or prerecorded phone message by or on the distribution platform; or

(e) a provider of an interactive computer service as defined in 47 U.S.C. 230, or an information service or a telecommunications service, both as defined in 47 U.S.C. 153, for content provided by another party.
Mont. Code Ann. § 13-35-108 — MT Code / Title 13 / Chapter 35 / Part 1 / Section 13-35-108
13-35-108 Powers of district court
Status: in_force

13-35-108 . Powers of district court. In any action brought under the election laws of this state, the appropriate district court may enjoin any person to prevent the doing of any prohibited act or to compel the performance of any act required by the election laws.
Mont. Code Ann. § 13-19-308 — MT Code / Title 13 / Chapter 19 / Part 3 / Section 13-19-308
13-19-308 Disposition of ballots returned in person
Status: in_force

13-19-308 . Disposition of ballots returned in person. If a ballot is returned in person by the elector or the elector's agent or designee to a place of deposit other than the election administrator's office, the election officials on location shall:

(1) keep a log of the names of all electors for whom the officials receive ballots;

(2) deposit the unopened signature envelope in the sealed ballot transport box provided for that purpose; and

(3) securely retain all voted ballots until they are transported to the election administrator's office. The transport boxes must then be opened and the ballots handled in the same manner provided for ballots returned under 13-19-309 .
Mont. Code Ann. § 13-16-504 — MT Code / Title 13 / Chapter 16 / Part 5 / Section 13-16-504
13-16-504 Tie vote in election for state executive officers
Status: in_force

13-16-504 . Tie vote in election for state executive officers. If there is a tie vote for governor and lieutenant governor, secretary of state, attorney general, state auditor, clerk of the supreme court, superintendent of public instruction, or any other state executive officer, the secretary of state shall transmit a certified copy of the statement to the legislature showing the votes cast for the two or more candidates having an equal and the highest number of votes. The legislature, at its next regular session, shall elect one of these candidates to fill the office by joint ballot of the two houses.
Mont. Code Ann. § 13-17-508 — MT Code / Title 13 / Chapter 17 / Part 5 / Section 13-17-508
13-17-508 Reimbursement of county costs
Status: in_force

13-17-508 . Reimbursement of county costs. (1) Except as provided in subsection (2), the secretary of state shall reimburse each county for any costs incurred in implementing the provisions of this part.

(2) A vendor who supplies a vote-counting machine that was purchased after October 1, 2009, and that fails an audit due to software or machine defects or vendor employee error shall pay the costs incurred for the audit of vote-counting machines in the affected county. The provisions of this subsection must be reflected in the contract for the purchase of vote-counting machines.
Mont. Code Ann. § 13-15-502 — MT Code / Title 13 / Chapter 15 / Part 5 / Section 13-15-502
13-15-502 Composition and meeting of board of state canvassers
Status: in_force

13-15-502 . Composition and meeting of board of state canvassers. Within 27 days after the election, or sooner if the returns are all received, the state auditor, superintendent of public instruction, and attorney general shall meet as a board of state canvassers in the office of the secretary of state and determine the vote. The secretary of state shall serve as secretary of the board, keep minutes of the meeting of the board, and file them in the official records of the secretary of state's office.