reglab/housing_qa huggingface dataset:
MT Code § 2-16-512 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 5. Vacancy and Succession|2-16-512. Election by legislature if president of senate and speaker unable to assume office of governor

  2-16-512. Election by legislature if president of senate and speaker unable to assume office of governor. (1) If neither the president of the senate nor the speaker of the house of representatives is able to assume the office of governor, the legislature, meeting in joint session, shall elect a governor and a lieutenant governor.   (2) When the speaker of the house becomes governor, the legislature will meet in joint session and shall elect a lieutenant governor.   History: En. Sec. 2, Ch. 29, L. 1973; R.C.M. 1947, 82-1304.2.
MT Code § 2-16-513 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 5. Vacancy and Succession|2-16-513. Succession in case of termination or incapacitation of primary successors

  2-16-513. Succession in case of termination or incapacitation of primary successors. (1) If, because of an enemy attack upon the United States, the governor, lieutenant governor, president pro tempore of the senate, and speaker of the house are killed or rendered unable to serve as governor, the senior member of the legislature shall act as governor.   (2) The senior member of the legislature shall call an emergency session of the legislature at a safe location within the state. The legislature meeting in joint session shall elect a governor.   (3) For the purposes of this section, the member with seniority is the member who has served in the legislature for the longest continuous period of time up to and including the member's current term. If two or more members of the legislature have equal seniority, the line of succession among them is from eldest to youngest in age.   History: En. Sec. 1, Ch. 148, L. 1959; R.C.M. 1947, 82-1309; amd. Sec. 28, Ch. 184, L. 1979; amd. Sec. 107, Ch. 61, L. 2007.
MT Code § 2-16-514 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 5. Vacancy and Succession|2-16-514. Successor to serve until next general election

  2-16-514. Successor to serve until next general election. The successor to the governor and the lieutenant governor shall serve until the next general election and shall have all the powers, duties, and emoluments of the respective offices.   History: En. Sec. 3, Ch. 29, L. 1973; R.C.M. 1947, 82-1304.3.
MT Code § 2-16-515 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 5. Vacancy and Succession|2-16-515. Governor and lieutenant governor incapacitated

  2-16-515. Governor and lieutenant governor incapacitated. (1) If both the governor and lieutenant governor are unable to serve as governor, the president of the senate shall become acting governor until the governor or lieutenant governor is able to resume the duties of the office.   (2) If the president of the senate is unable to become acting governor, the speaker of the house of representatives shall become acting governor.   History: En. Sec. 4, Ch. 29, L. 1973; R.C.M. 1947, 82-1304.4.
MT Code § 2-16-516 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 5. Vacancy and Succession|2-16-516. through 2-16-520 reserved

  2-16-516 through 2-16-520 reserved.
MT Code § 2-16-521 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 5. Vacancy and Succession|2-16-521. Powers of acting governor

  2-16-521. Powers of acting governor. (1) Every provision of the laws of this state in relation to the powers and duties of the governor and in relation to acts and duties to be performed by others toward the governor extends to the persons performing for the time being the duties of governor.   (2) An acting governor has all the rights, duties, and emoluments of the office of governor while acting as governor.   History: (1)En. Sec. 373, Pol. C. 1895; re-en. Sec. 148, Rev. C. 1907; re-en. Sec. 127, R.C.M. 1921; Cal. Pol. C. Sec. 383; re-en. Sec. 127, R.C.M. 1935; Sec. 82-1304, R.C.M. 1947; (2)En. Sec. 5, Ch. 29, L. 1973; Sec. 82-1304.5, R.C.M. 1947; R.C.M. 1947, 82-1304, 82-1304.5; amd. Sec. 108, Ch. 61, L. 2007.
MT Code § 2-16-601 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-601. Short title

  2-16-601. Short title. This part shall be cited as the "Montana Recall Act".   History: En. Sec. 1, I.M. No. 73, approved November 2, 1976; amd. Sec. 2, Ch. 364, L. 1977; R.C.M. 1947, 59-610.
MT Code § 2-16-602 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-602. Definitions

  2-16-602. Definitions. As used in this part, the following definitions apply:   (1) "Political subdivision" means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district.   (2) "Public office" means a position of duty, trust, or authority created by the constitution or by the legislature or by a political subdivision through authority conferred by the constitution or the legislature that meets the following criteria:   (a) the position must possess a delegation of a portion of the sovereign power of government to be exercised for the benefit of the public;   (b) the powers conferred and the duties to be discharged must be defined, directly or impliedly, by the constitution, the legislature, or by a political subdivision through legislative authority;   (c) the duties must be performed independently and without control of a superior power other than the law, unless the legislature has created the position and placed it under the general control of a superior office or body; and   (d) the position must have some permanency and continuity and not be only temporary or occasional.   (3) "State-district" means a public service commission district, a legislative representative or senatorial district, or a judicial district.   History: En. 59-611 by Sec. 1, Ch. 364, L. 1977; R.C.M. 1947, 59-611.
MT Code § 2-16-603 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-603. Officers subject to recall -- grounds for recall

  2-16-603. Officers subject to recall -- grounds for recall. (1) Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office.   (2) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for the elective officer's successor. A public officer holding an appointive office may be recalled by the qualified electors entitled to vote for the successor or successors of the elective officer or officers who have the authority to appoint a person to that position.   (3) Physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense enumerated in Title 45 are the only grounds for recall. A person may not be recalled for performing a mandatory duty of the office that the person holds or for not performing any act that, if performed, would subject the person to prosecution for official misconduct.   History: En. Sec. 2, I.M. No. 73, approved November 2, 1976; amd. Sec. 3, Ch. 364, L. 1977; R.C.M. 1947, 59-612; amd. Sec. 1, Ch. 398, L. 1979; amd. Sec. 109, Ch. 61, L. 2007.
MT Code § 2-16-604 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-604. through 2-16-610 reserved

  2-16-604 through 2-16-610 reserved.
MT Code § 2-16-611 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-611. Method of removal cumulative

  2-16-611. Method of removal cumulative. The recall is cumulative and additional to, rather than a substitute for, other methods for removal of public officers.   History: En. Sec. 3, I.M. No. 73, approved November 2, 1976; R.C.M. 1947, 69-613.
MT Code § 2-16-612 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-612. Persons qualified to petition -- penalty for false signatures

  2-16-612. Persons qualified to petition -- penalty for false signatures. (1) A person who is a qualified elector of this state may sign a petition for recall of a state officer.   (2) A person who is a qualified elector of a district of the state from which a state-district officer is elected may sign a petition for recall of a state-district officer of that district or appointed by an officer or the officers of that election district.   (3) A person who is a qualified elector of a political subdivision of this state may sign a petition for recall of an officer of that political subdivision.   (4) A person signing any name other than the person's own to any petition or knowingly signing more than once for the recall or who is not at the time of the signing a qualified elector or a person who knowingly makes a false entry upon an affidavit required in connection with the filing of a petition for the recall of an officer is guilty of unsworn falsification or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-203 or 45-7-208, as applicable.   History: En. Sec. 10, I.M. No. 73, approved November 2, 1976; amd. Sec. 7, Ch. 364, L. 1977; R.C.M. 1947, 59-620; amd. Sec. 110, Ch. 61, L. 2007; amd. Sec. 1, Ch. 188, L. 2009.
MT Code § 2-16-613 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-613. Limitations on recall petitions

  2-16-613. Limitations on recall petitions. (1) A recall petition may not name more than one officer to be recalled.   (2) A recall petition against an officer may not be approved for circulation, as required in 2-16-617(3), until an officer has held office for 2 months.   (3) A recall petition may not be filed against an officer for whom a recall election has been held for a period of 2 years during the officer's term of office unless the state or political subdivision or subdivisions financing the recall election are first reimbursed for all expenses of the preceding recall election.   History: (1)En. Sec. 4, I.M. No. 73, approved November 2, 1976; amd. Sec. 4, Ch. 364, L. 1977; Sec. 59-614, R.C.M. 1947; (2), (3)En. Sec. 5, I.M. No. 73, approved November 2, 1976; Sec. 59-615, R.C.M. 1947; R.C.M. 1947, 59-614(part), 59-615; amd. Sec. 1, Ch. 159, L. 1983; amd. Sec. 111, Ch. 61, L. 2007.
MT Code § 2-16-614 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-614. Number of electors required for recall petition

  2-16-614. Number of electors required for recall petition. (1) Recall petitions for elected or appointed state officers must contain the signatures of qualified electors equaling at least 10% of the number of persons registered to vote at the preceding state general election.   (2) A petition for the recall of a state-district officer must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote in the last preceding election in that district.   (3) (a) Except as provided in subsection (3)(b), recall petitions for elected or appointed county officers must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote at the preceding county general election.   (b) If a recall petition is for a county commissioner in a county that is divided into commissioner districts pursuant to 7-4-2102, then the petition:   (i) must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote at the preceding county general election; and   (ii) must also contain the signatures from at least 15% of the qualified electors residing in that commissioner's commission district.   (4) Recall petitions for elected or appointed officers of municipalities or school districts must contain the signatures of qualified electors equaling at least 20% of the number of persons registered to vote at the preceding election for the municipality or school district.   History: En. Sec. 4, I.M. No. 73, approved November 2, 1976; amd. Sec. 4, Ch. 364, L. 1977; R.C.M. 1947, 59-614(part); amd. Sec. 1, Ch. 308, L. 1979; amd. Sec. 2, Ch. 188, L. 2009.
MT Code § 2-16-615 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-615. Filing of recall petitions -- mandamus for refusal

  2-16-615. Filing of recall petitions -- mandamus for refusal. (1) Recall petitions for elected officers shall be filed with the official who is provided by law to accept the declaration of nomination or petition for nomination for such office. Recall petitions for appointed state officers shall be filed with the secretary of state and for appointed county or municipal officers shall be filed with the county election administrator. Recall petitions for appointed officers from other political subdivisions shall be filed with the county election administrator if the boundaries of the political subdivisions lie wholly within one county or otherwise with the secretary of state.   (2) If the secretary of state, county election administrator or other filing official refuses to accept and file any petition for recall with the proper number of signatures of qualified electors, any elector may within 10 days after such refusal apply to the district court for a writ of mandamus. If it is determined that the petition is sufficient, the district court shall order the petition to be filed with a certified copy of the writ attached thereto, as of the date when it was originally offered for filing. On a showing that any filed petition is not sufficient, the court may enjoin certification, printing, or recall election.   (3) All such suits or appeals therefrom shall be advanced on the court docket and heard and decided by the court as expeditiously as possible.   (4) Any aggrieved party may file an appeal within 10 days after any adverse order or decision as provided by law.   History: En. Secs. 6, 12, I.M. No. 73, approved November 2, 1976; R.C.M. 1947, 59-616, 59-623; amd. Sec. 375, Ch. 571, L. 1979.
MT Code § 2-16-616 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-616. Form of recall petition

  2-16-616. Form of recall petition. (1) The form of the recall petition must be substantially as follows:   WARNING   A person who knowingly signs a name other than the person's own to this petition, who signs the person's name more than once upon a petition to recall the same officer at one election, or who is not, at the time of signing this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or a fine of $500 or imprisonment in the state prison for a term not to exceed 10 years, or both.   RECALL PETITION   To the Honorable ............, Secretary of State of the State of Montana (or name and office of other filing officer): We, the undersigned qualified electors of the State of Montana (or name of appropriate state-district or political subdivision) respectfully petition that an election be held as provided by law on the question of whether ..............., holding the office of ..............., should be recalled for the following reasons: (Setting out a general statement of the reasons for recall in not more than 200 words). Each signer certifies: I have personally signed this petition; I am a qualified elector of the state of Montana and (name of appropriate political subdivision); and my residence and post-office address are correctly written after my name to the best of my knowledge and belief.   (2) Numbered lines must follow the language in subsection (1). Each numbered line must contain spaces for the signature, post-office address, and printed last name of the signer. Each separate sheet of the petition must contain the heading and reasons for the proposed recall as prescribed in subsection (1).   History: En. Sec. 7, I.M. No. 73, approved November 2, 1976; amd. Sec. 5, Ch. 364, L. 1977; R.C.M. 1947, 59-617; amd. Sec. 112, Ch. 61, L. 2007.
MT Code § 2-16-617 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-617. Form of circulation sheets

  2-16-617. Form of circulation sheets. (1) The signatures on each petition must be placed on sheets of paper known as circulation sheets. Each circulation sheet must be substantially 8 1/2 x 14 inches or a continuous sheet may be folded so as to meet this size limitation. The circulation sheets must be ruled with a horizontal line 1 1/2 inches from the top of the sheet. The space above the line must remain blank and must be for the purpose of binding.   (2) The petition, for purposes of circulation, may be divided into sections, each section to contain not more than 25 circulation sheets.   (3) Before a petition may be circulated for signatures, a sample circulation sheet must be submitted to the officer with whom the petition must be filed in the form in which it will be circulated. The filing officer shall review the petition for sufficiency as to form and approve or reject the form of the petition, stating the reasons for rejection, within 1 week of receiving the sheet.   (4) The petition form submitted must be accompanied by a written statement containing the reasons for the desired recall as stated on the petition. The truth of purported facts contained in the statement must be sworn to by at least one of the petitioners before a person authorized to administer oaths.   (5) The filing officer shall serially number all approved petitions continuously from year to year.   History: En. Sec. 8, I.M. No. 73, approved November 2, 1976; amd. Sec. 6, Ch. 364, L. 1977; R.C.M. 1947, 59-618; amd. Sec. 113, Ch. 61, L. 2007.
MT Code § 2-16-618 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-618. Forms not mandatory

  2-16-618. Forms not mandatory. The forms prescribed in this part are not mandatory, and if substantially followed, the petition shall be sufficient, notwithstanding clerical and merely technical errors.   History: En. Sec. 9, I.M. No. 73, approved November 2, 1976; R.C.M. 1947, 59-619.
MT Code § 2-16-619 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-619. Submission of circulation sheets -- certification of signatures

  2-16-619. Submission of circulation sheets -- certification of signatures. (1) Signed circulation sheets or sections of a petition for recall must be submitted to the officer responsible for registration of electors in the county in which the signatures were obtained within 3 months of the date the form of the petition was approved under 2-16-617.   (2) An affidavit, in substantially the following form, must be attached to each circulation sheet or section submitted to the county officer:   (Name of person circulating petition), being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe that the signatures on the petition are genuine and are the signatures of the persons whose names they purport to be and that the signers knew the contents of the petition before signing the petition.   .................. (Signature)   Subscribed and sworn before me this .... day of ....,20...   ............ (Person authorized to take oaths)   Seal................ (Title or notarial information)   History: En. 59-621 by Sec. 8, Ch. 364, L. 1977; R.C.M. 1947, 59-621; amd. Sec. 4, Ch. 51, L. 1999.
MT Code § 2-16-620 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 16. Public Officers|Part 6. Montana Recall Act|2-16-620. County clerk to verify signatures

  2-16-620. County clerk to verify signatures. (1) The county clerk in each county in which a recall petition is signed shall verify and compare the signatures of each person who has signed the petition to ensure that the person is an elector in that county and, if satisfied that the signatures are genuine, shall certify that fact to the officer with whom the recall petition is to be filed, in substantially the following form:   To the Honorable ............, Secretary of State of the State of Montana (or name and title of other officer):   I, ............, ...... (title) of ............ County, certify that I have compared the signatures on ...... sheets (specifying number of sheets) of the petition for recall No. ...... attached, in the manner prescribed by law, and I believe ...... (number) signatures are valid for the purpose of the petition. I further certify that the affidavit of the circulator of the (sheet) (section) of the petition is attached and that the post-office address is completed for each valid signature.   Signed: ...... (Date)........(Signature)   Seal............(Title)   (2) The certificate is prima facie evidence of the facts stated in the certificate, and the secretary of state or other officer receiving the recall petition may consider and count only the signatures that are certified. However, the officer with whom the recall petition is filed shall consider and count any remaining signatures of the registered voters that prove to be genuine, and those signatures must be considered and counted if they are attested to in the manner and form provided for initiative and referendum petitions.   (3) The county clerk and recorder may not retain any portion of a petition for more than 30 days following the receipt of that portion. At the expiration of that period, the county clerk and recorder shall certify the valid signatures on that portion of the petition and deliver the same to the person with whom the petition is required to be filed.   History: En. Sec. 11, I.M. No. 73, approved November 2, 1976; amd. Sec. 9, Ch. 364, L. 1977; R.C.M. 1947, 59-622; amd. Sec. 2, Ch. 159, L. 1983; amd. Sec. 114, Ch. 61, L. 2007.