reglab/housing_qa huggingface dataset:
MT Code § 13-36-209 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 36. Contests|Part 2. Procedure|13-36-209. Forfeiture of nomination or office for violation of law -- when inappropriate

  13-36-209. Forfeiture of nomination or office for violation of law -- when inappropriate. Upon the trial of any action or proceeding under the provisions of this title to contest the right of any person to be declared nominated or elected to any office or to annul or set aside a nomination or election or to remove a person from office, the nomination or election of the candidate is not by reason of the offense or omission complained of void and the candidate may not be removed from or deprived of office if under the circumstances it seems to the court to be unjust that the candidate forfeit a nomination or office or be deprived of any office of which the candidate is the incumbent. The decision of the court must be based upon the following:   (1) it appears from the evidence that the offense complained of was not committed by the candidate or with the candidate's knowledge or consent or was committed without the candidate's sanction or connivance and that all reasonable means for preventing the commission of the offense at the election were taken by and on behalf of the candidate;   (2) the offense or offenses complained of were trivial, unimportant, and limited in character and in all other respects the candidate's participation in the election was free from offenses or illegal acts; or   (3) any act or omission of the candidate arose from inadvertence or from accidental miscalculation or from some other reasonable cause of a like nature and in any case did not arise from any lack of good faith.   History: En. Sec. 38, Init. Act, Nov. 1912; re-en. Sec. 10803, R.C.M. 1921; re-en. Sec. 10803, R.C.M. 1935; Sec. 94-1457, R.C.M. 1947; redes. 23-4757 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 55, Ch. 365, L. 1977; R.C.M. 1947, 23-4757; amd. Sec. 113, Ch. 56, L. 2009.
MT Code § 13-36-210 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 36. Contests|Part 2. Procedure|13-36-210. Punishment

  13-36-210. Punishment. If, upon the trial of any action or proceeding under the provisions of this title to contest the right of any person to be declared to be nominated to an office or elected to an office or to annul and set aside the election or to remove any person from office, it appears that the person was guilty of any corrupt practice, illegal act, or undue influence in or about the nomination or election, the person must be punished by being deprived of the nomination or office and the vacancy must be filled in the manner provided by law. The only exceptions to this judgment are those provided in 13-36-209. The judgment does not prevent the candidate or officer from being proceeded against by indictment or criminal information for any act or acts.   History: En. Sec. 39, Init. Act, Nov. 1912; re-en. Sec. 10804, R.C.M. 1921; re-en. Sec. 10804, R.C.M. 1935; Sec. 94-1458, R.C.M. 1947; redes. 23-4758 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 56, Ch. 365, L. 1977; R.C.M. 1947, 23-4758; amd. Sec. 114, Ch. 56, L. 2009.
MT Code § 13-36-211 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 36. Contests|Part 2. Procedure|13-36-211. When nomination or election not to be vacated

  13-36-211. When nomination or election not to be vacated. The ground of contest specified in 13-36-101(3) may not be construed to authorize a nomination or election to be set aside on account of illegal votes unless it appears:   (1) that the candidate or nominee whose right is contested had knowledge of or connived in the illegal votes; or   (2) that the number of illegal votes given to the person whose right to the nomination or office is contested, if taken from the person, would reduce the number of legal votes for the person below the number of votes given to some other person for the same nomination or office, after deducting the illegal votes that may be shown to have been given to the other person.   History: En. Sec. 46, Init. Act, Nov. 1912; re-en. Sec. 10811, R.C.M. 1921; re-en. Sec. 10811, R.C.M. 1935; Sec. 94-1465, R.C.M. 1947; redes. 23-4764 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 23-4764; amd. Sec. 115, Ch. 56, L. 2009.
MT Code § 13-36-212 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 36. Contests|Part 2. Procedure|13-36-212. Declaration of result of election after rejection of illegal votes

  13-36-212. Declaration of result of election after rejection of illegal votes. If, in any case of a contest on the ground of illegal votes, it appears that a person other than the one returned has the highest number of legal votes after the illegal votes have been eliminated, the court must declare such person nominated or elected, as the case may be.   History: En. Sec. 44, Init. Act, Nov. 1912; re-en. Sec. 10809, R.C.M. 1921; re-en. Sec. 10809, R.C.M. 1935; Sec. 94-1463, R.C.M. 1947; redes. 23-4762 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 23-4762.
MT Code § 13-37-101 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-101. Definitions

  13-37-101. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:   (1) "Commissioner" means the commissioner of political practices created by 13-37-102.   (2) "Public office" has the meaning provided in 13-1-101.   (3) "Recusal" means disqualification from a matter by reason of prejudice or conflict of interest.   (4) "Relative" means a family member who is within the second degree of consanguinity or affinity to the commissioner.   History: En. 23-4796 by Sec. 3, Ch. 365, L. 1977; R.C.M. 1947, 23-4796; amd. Sec. 19, I.M. No. 85, approved Nov. 4, 1980; amd. Sec. 4, Ch. 479, L. 2005.
MT Code § 13-37-102 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-102. Creation of office -- nomination -- appointment -- removal

  13-37-102. Creation of office -- nomination -- appointment -- removal. (1) There is a commissioner of political practices who is appointed by the governor, subject to confirmation by a majority of the senate.   (2) (a) A four-member nomination committee composed of the speaker of the house, the president of the senate, and the minority leaders of both houses of the legislature shall submit to the governor a list of not less than two or more than five names of individuals for the governor's consideration. A majority of the members of the nomination committee shall agree on each nomination.   (b) The governor shall appoint the commissioner from the list of nominees submitted by the nomination committee. However, if the nomination committee fails to submit names agreed to by the majority of the nomination committee members, the governor may appoint anyone who meets the qualifications set forth in 13-37-107.   (3) The individual selected to serve as commissioner may be removed by the governor prior to the expiration of the term only for incompetence, malfeasance, or neglect of duty. The governor's decision to remove the commissioner must be stated in writing, and the sufficiency of the governor's stated causes for removing the commissioner is subject to judicial review.   History: En. 23-4785 by Sec. 10, Ch. 480, L. 1975; amd. Sec. 62, Ch. 365, L. 1977; amd. Sec. 1, Ch. 461, L. 1977; R.C.M. 1947, 23-4785(1), (5); amd. Sec. 1, Ch. 483, L. 1979; amd. Sec. 19, I.M. No. 85, approved Nov. 4, 1980; amd. Sec. 5, Ch. 479, L. 2005; amd. Sec. 16, Ch. 4, Sp. L. May 2007; amd. Sec. 1, Ch. 71, L. 2015.
MT Code § 13-37-103 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-103. Term of office

  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.   History: En. 23-4785 by Sec. 10, Ch. 480, L. 1975; amd. Sec. 62, Ch. 365, L. 1977; amd. Sec. 1, Ch. 461, L. 1977; R.C.M. 1947, 23-4785(2); amd. Sec. 2, Ch. 483, L. 1979; amd. Sec. 6, Ch. 479, L. 2005.
MT Code § 13-37-104 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-104. Vacancy

  13-37-104. Vacancy. (1) If for any reason a vacancy occurs in the position of commissioner, a successor must be appointed as provided in 13-37-102 within 30 days of the vacancy to serve out the unexpired term. The governor's appointee must be confirmed by the senate, but an appointment made while the senate is not in session is effective as an appointment until the end of the next session.   (2) An individual who is selected to serve out the unexpired term of a preceding commissioner and who has served 3 years or more of an unexpired term is not eligible for reappointment.   (3) An individual who is selected to serve out the unexpired term of a preceding commissioner and who has served less than 3 years of an unexpired term may be reappointed for a 6-year term as provided in 13-37-102.   History: En. 23-4785 by Sec. 10, Ch. 480, L. 1975; amd. Sec. 62, Ch. 365, L. 1977; amd. Sec. 1, Ch. 461, L. 1977; R.C.M. 1947, 23-4785(3); amd. Sec. 4, Ch. 483, L. 1979; amd. Sec. 116, Ch. 56, L. 2009; amd. Sec. 2, Ch. 71, L. 2015.
MT Code § 13-37-105 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-105. Impeachment and prosecution of commissioner

  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.   History: En. 23-4785 by Sec. 10, Ch. 480, L. 1975; amd. Sec. 62, Ch. 365, L. 1977; amd. Sec. 1, Ch. 461, L. 1977; R.C.M. 1947, 23-4785(4); amd. Sec. 117, Ch. 56, L. 2009.
MT Code § 13-37-106 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-106. Salary

  13-37-106. Salary. (1) The commissioner of political practices is entitled to longevity, expense reimbursement, leave, insurance, and other benefits provided to classified state employees under Title 2, chapter 18.   (2) The salary of the commissioner may not be reduced during the term for which the commissioner is appointed.   (3) The department of administration shall determine the appropriate occupation for the commissioner of political practices in the same manner that it determines the occupation for employees in state government pursuant to Title 2, chapter 18.   (4) The governor shall set the salary of the commissioner of political practices within the occupational wage range for the occupation established by the department of administration.   (5) The commissioner of political practices must receive pay adjustments consistent with those required by the legislature for state employees in 2-18-303 and 2-18-304.   History: En. Sec. 3, Ch. 483, L. 1979; amd. Sec. 4, Ch. 605, L. 1981; amd. Sec. 3, Ch. 656, L. 1983; amd. Sec. 1, Ch. 236, L. 1985; amd. Sec. 4, Ch. 693, L. 1985; amd. Sec. 12, Ch. 660, L. 1989; amd. Sec. 14, Ch. 720, L. 1991; amd. Sec. 52, Ch. 42, L. 1997; amd. Sec. 16, Ch. 417, L. 1997; amd. Sec. 18, Ch. 81, L. 2007; amd. Sec. 7, Ch. 7, L. 2009; amd. Sec. 10, Ch. 430, L. 2017.
MT Code § 13-37-107 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-107. Commissioner of political practices -- qualifications

  13-37-107. Commissioner of political practices -- qualifications. The individual appointed to serve as commissioner:   (1) must be a citizen of the United States and a resident of Montana as provided in 13-1-112;   (2) on the date of appointment, must be registered to vote in Montana;   (3) in the 2 years immediately preceding the date of the appointment, may not have:   (a) served as a fundraiser for a candidate for public office;   (b) served as an officer in a political party or for a political committee; or   (c) participated in the management or conduct of a campaign by a candidate for public office;   (4) must possess the following knowledge, skills, and abilities:   (a) a confirmable track record of highly ethical professional behavior;   (b) the demonstrable ability to be firm, fair, and unbiased in carrying out professional responsibilities;   (c) the ability to communicate effectively orally and in writing;   (d) the ability to interpret statutes, legal opinions, and regulations;   (e) the ability to supervise, organize, and motivate employees; and   (f) knowledge of the standards of evidence and due process rights that are applicable to judicial and quasi-judicial proceedings.   History: En. Sec. 1, Ch. 479, L. 2005; amd. Sec. 3, Ch. 71, L. 2015.
MT Code § 13-37-108 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-108. Commissioner of political practices -- restrictions

  13-37-108. Commissioner of political practices -- restrictions. During the commissioner's term of office, the commissioner may not knowingly, as defined in 45-2-101:   (1) hold another position of public trust or engage in any other occupation or business if the position of public trust or the other occupation or business interferes with or is inconsistent with the commissioner executing the duties of the commissioner's office;   (2) engage in any other occupation or business during the business hours of the commissioner's office unless the commissioner is in a leave status from the office;   (3) participate in any political activity or in a political campaign;   (4) make a contribution to a candidate or political committee or for or against a ballot issue or engage in any activity that is primarily intended to support or oppose a candidate, political committee, or ballot issue;   (5) attend an event that is held for the purpose of raising funds for or against a candidate, political committee, or ballot issue;   (6) participate in a matter pertaining to the commissioner's office that:   (a) is a conflict of interest or results in the appearance of a conflict of interest between public duty and private interest pursuant to Title 2, chapter 2; or   (b) involves a relative of the commissioner.   History: En. Sec. 2, Ch. 479, L. 2005; amd. Sec. 2, Ch. 234, L. 2013.
MT Code § 13-37-109 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-109. and 13-37-110 reserved

  13-37-109 and 13-37-110 reserved.
MT Code § 13-37-112 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-112. Personnel and budget

  13-37-112. Personnel and budget. (1) The commissioner shall select an appropriate staff to enforce the provisions of chapter 35 of this title and this chapter, and may hire and fire all personnel under the commissioner's supervision.   (2) The commissioner is responsible for preparing, administering, and allocating the budget for the office.   History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(2), (16); amd. Sec. 231, Ch. 571, L. 1979; amd. Sec. 5, Ch. 401, L. 2001.
MT Code § 13-37-113 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-113. Hiring of attorneys -- prosecutions

  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.   History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(3); amd. Sec. 232, Ch. 571, L. 1979; amd. Sec. 6, Ch. 401, L. 2001; amd. Sec. 3, Ch. 407, L. 2007; amd. Sec. 3, Ch. 535, L. 2021; amd. Sec. 5, Ch. 565, L. 2021.
MT Code § 13-37-114 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-114. Rules

  13-37-114. Rules. (1) The commissioner shall adopt rules to carry out the provisions of chapter 35 of this title and this chapter in conformance with the Montana Administrative Procedure Act.   (2) The rules must:   (a) include the criteria and process used to determine the primary purpose of an incidental committee; and   (b) define what constitutes de minimis acts, contributions, or expenditures.   History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(14); amd. Sec. 233, Ch. 571, L. 1979; amd. Sec. 7, Ch. 401, L. 2001; amd. Sec. 6, Ch. 259, L. 2015.
MT Code § 13-37-115 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-115. Orders of noncompliance

  13-37-115. Orders of noncompliance. The commissioner may issue orders of noncompliance as prescribed by 13-37-121.   History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(18).
MT Code § 13-37-116 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-116. Exercise of powers

  13-37-116. Exercise of powers. The commissioner may exercise all of the powers conferred upon the commissioner by law in any jurisdiction or political subdivision of the state.   History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(19); amd. Sec. 118, Ch. 56, L. 2009.
MT Code § 13-37-117 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-117. Commissioner to provide forms, manuals, and election laws

  13-37-117. Commissioner to provide forms, manuals, and election laws. (1) The commissioner shall prescribe forms for reports and other information required to be filed pursuant to chapter 35 and this chapter and provide forms and appropriate information to persons required to file reports and other information.   (2) The commissioner shall prepare and publish a manual prescribing a uniform system for accounts for use by persons required to file reports pursuant to chapter 35 or this chapter.   (3) The commissioner shall provide copies of the election laws relating to penalties, campaign practices, campaign finances, and contested elections to candidates and to any other persons required to file reports or other information pursuant to chapter 35 or this chapter.   (4) The commissioner shall provide copies of forms, manuals, and election laws referred to in this section electronically. Upon request, the commissioner shall provide paper copies.   History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(4), (5), (7); amd. Sec. 234, Ch. 571, L. 1979; amd. Sec. 2, Ch. 113, L. 1993; amd. Sec. 8, Ch. 401, L. 2001; amd. Sec. 1, Ch. 109, L. 2003.
MT Code § 13-37-118 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-118. Information voluntarily supplied

  13-37-118. Information voluntarily supplied. The commissioner shall accept and file any information voluntarily supplied that exceeds the requirements of chapter 35 of this title or this chapter.   History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(6); amd. Sec. 235, Ch. 571, L. 1979; amd. Sec. 9, Ch. 401, L. 2001.
MT Code § 13-37-119 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-119. Availability of information

  13-37-119. Availability of information. (1) The commissioner shall make statements and other information filed with the commissioner's office available for public inspection and copying during regular office hours and make copying facilities available free of charge or at a charge not to exceed the actual cost.   (2) The commissioner shall preserve statements and other information filed with the commissioner's office for a period of 10 years from the date of receipt.   (3) The commissioner shall prepare and publish summaries of the statements received and other reports that the commissioner considers appropriate.   (4) The commissioner shall provide for wide public dissemination of summaries and reports.   History: (1) thru (4)En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; Sec. 23-4786, R.C.M. 1947; (Former (5))En. 23-4789 by Sec. 14, Ch. 480, L. 1975; Sec. 23-4789, R.C.M. 1947; R.C.M. 1947, 23-4786(8) through (12), 23-4789; amd. Sec. 236, Ch. 571, L. 1979; amd. Sec. 119, Ch. 56, L. 2009.
MT Code § 13-37-120 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 37. Control of Campaign Practices|Part 1. Commissioner of Political Practices|13-37-120. Reports

  13-37-120. Reports. The commissioner shall provide a biennial report to the state administration and veterans' affairs interim committee in accordance with 5-11-210 on matters within the commissioner's jurisdiction and may provide recommendations for further legislation.  History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(15), (20); amd. Sec. 237, Ch. 571, L. 1979; amd. Sec. 17, Ch. 349, L. 1993; amd. Sec. 33, Ch. 261, L. 2021.