reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-121. Inspection of statements and reports -- issuance of orders of noncompliance

13-37-121. Inspection of statements and reports -- issuance of orders of noncompliance.
(1) Each statement and report filed with the commissioner during an election or within 60 days after the election must be inspected within 20 days after the statement or report is filed. A statement or report concerning Title 13, chapter 37, part 6, must be inspected within 20 days after filing. Intermediate Saturdays, Sundays, and holidays must be excluded in the computation of time under this section. If a person has not satisfied the provisions of this chapter, the commissioner shall immediately notify the person of the noncompliance. Notification by the commissioner may be accomplished by written or electronic communication or by telephone. If the person fails to comply after the notification, the commissioner shall issue an order of noncompliance as provided in this section.
(2) An order of noncompliance may be issued when:
(a) upon examination of the official ballot, it appears that the person has failed to file a statement or report as required by this chapter or that a statement or report filed by a person does not conform to law; or
(b) it is determined that a statement or report filed with the commissioner does not conform to the requirements of this chapter or that a person has failed to file a statement or report required by law.
(3) If an order of noncompliance is issued during a campaign period or within 60 days after an election, a candidate or political committee shall submit the necessary information within 5 days after receiving the order of noncompliance. Upon a failure to submit the required information within the time specified, the appropriate county attorney or the commissioner may initiate a civil or criminal action pursuant to the procedures outlined in 13-37-124 and 13-37-125.
(4) If an order of noncompliance is issued during any period other than that described in subsection (3), a candidate, political committee, or reporting entity as defined in 13-37-601 shall submit the necessary information within 10 days after receiving the order of noncompliance. Upon a failure to submit the required information within the time specified, the appropriate county attorney or the commissioner shall initiate a civil or criminal action pursuant to the procedures outlined in 13-37-124 and 13-37-125.
(5) After a complaint is filed with the commissioner pursuant to 13-37-111, the procedure described in this section regarding the provision of notice and issuance of orders of noncompliance is not a prerequisite to initiation of any other administrative or judicial action authorized under chapter 35 of this title or this chapter.
History: En. 23-4787 by Sec. 12, Ch. 480, L. 1975; amd. Sec. 64, Ch. 365, L. 1977; R.C.M. 1947, 23-4787(1) thru (3); amd. Sec. 238, Ch. 571, L. 1979; amd. Sec. 1, Ch. 410, L. 1995; amd. Sec. 10, Ch. 401, L. 2001; amd. Sec. 10, Ch. 337, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-122. Judicial review of orders of noncompliance

13-37-122. Judicial review of orders of noncompliance.
A candidate or political treasurer who is the subject of an order of noncompliance may seek judicial review in the district court of the county in which the candidate resides or the county in which the political committee has its headquarters. All petitions for judicial review filed pursuant to this section must be expeditiously reviewed by the appropriate district court.
History: En. 23-4787 by Sec. 12, Ch. 480, L. 1975; amd. Sec. 64, Ch. 365, L. 1977; R.C.M. 1947, 23-4787(4); amd. Sec. 120, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-123. Examination of reports after election

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.
History: En. 23-4787 by Sec. 12, Ch. 480, L. 1975; amd. Sec. 64, Ch. 365, L. 1977; R.C.M. 1947, 23-4787(5); amd. Sec. 239, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-124. Consultation and cooperation with county attorney

13-37-124. Consultation and cooperation with county attorney.
(1) Whenever the commissioner determines that there appears to be sufficient evidence to justify a civil or criminal prosecution under chapter 35 of this title or this chapter, the commissioner shall notify the county attorney of the county in which the alleged violation occurred and shall arrange to transmit to the county attorney all information relevant to the alleged violation. If the county attorney fails to initiate the appropriate civil or criminal action within 30 days after receiving notification of the alleged violation, the commissioner may then initiate the appropriate legal action.
(2) A county attorney may, at any time prior to the expiration of the 30-day time period specified in subsection (1), waive the right to prosecute, and the waiver authorizes the commissioner to initiate the appropriate civil or criminal action.
(3) The provisions of subsection (1) do not apply to a situation in which the alleged violation has been committed by the county attorney of a county. In this instance, the commissioner is authorized to directly prosecute any alleged violation of chapter 35 of this title or this chapter.
(4) If a prosecution is undertaken by the commissioner, all court costs associated with the prosecution must be paid by the state of Montana, and all fines and forfeitures imposed pursuant to a prosecution by the commissioner, except those paid to or imposed by a justice's court, must be deposited in the state general fund.
History: En. 23-4788 by Sec. 13, Ch. 480, L. 1975; amd. Sec. 46, Ch. 334, L. 1977; amd. Sec. 65, Ch. 365, L. 1977; R.C.M. 1947, 23-4788(1) thru (4); amd. Sec. 240, Ch. 571, L. 1979; amd. Sec. 7, Ch. 557, L. 1987; amd. Sec. 11, Ch. 401, L. 2001; amd. Sec. 4, Ch. 407, L. 2007; amd. Sec. 6, Ch. 565, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-125. Powers of county attorney to investigate

13-37-125. Powers of county attorney to investigate.
(1) Nothing in chapter 35 of this title or this chapter prevents a county attorney from inspecting any records, accounts, or books that must be kept pursuant to the provisions of chapter 35 of this title or this chapter that are held by a political committee or candidate involved in an election to be held within the county. However, the inspections must be conducted during reasonable office hours.
(2) A county attorney may:
(a) administer oaths and affirmations;
(b) subpoena witnesses and compel their attendance;
(c) take evidence; and
(d) require the production of any books, correspondence, memoranda, bank account statements of a political committee or candidate, or other records that are relevant or material for the purpose of conducting any investigation pursuant to the provisions of chapter 35 of this title or this chapter.
History: En. 23-4788 by Sec. 13, Ch. 480, L. 1975; amd. Sec. 46, Ch. 334, L. 1977; amd. Sec. 65, Ch. 365, L. 1977; R.C.M. 1947, 23-4788(5), (6); amd. Sec. 241, Ch. 571, L. 1979; amd. Sec. 12, Ch. 401, L. 2001; amd. Sec. 121, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-126. Names not to appear on ballot -- statewide initiative not to appear on ballot

13-37-126. Names not to appear on ballot -- statewide initiative not to appear on ballot.
(1) The name of a candidate may not appear on the official ballot for an election if the candidate or a treasurer for a candidate fails to file any statement or report as required by 2-2-106 or this chapter.
(2) A vacancy on an official ballot under subsection (1) may be filled in the manner provided by law, but not by the same candidate.
(3) A statewide initiative may not appear on the official ballot for an election if the treasurer for the primary ballot committee supporting the statewide initiative fails to file any report as required by this chapter.
(4) A vacancy on an official ballot under subsection (3) may not be filled.
(5) (a) In carrying out the mandate of this section, the commissioner shall, by a written statement, notify the secretary of state and the election administrator conducting an election when a candidate or a candidate's treasurer has not complied with 2-2-106 or when a candidate or candidate's treasurer or the treasurer for the primary ballot committee supporting a statewide initiative has not complied with the provisions of this chapter and that the candidate's name or the statewide initiative may not appear on the official ballot.
(b) Except as provided in subsection (5)(c), the commissioner shall provide the notification:
(i) 2 calendar days before the certification deadline provided in 13-10-208 for statewide primary elections and 20-20-401 for school district elections; and
(ii) 7 days before the certification deadline provided in 13-12-201 for general elections.
(c) (i) For a municipal primary election, the commissioner shall provide the notification no later than 5 days after the candidate filing deadline.
(ii) For a municipal general election, the commissioner shall provide the notification no later than September 30 or, if September 30 falls on a Saturday or Sunday, no later than the preceding Friday.
History: En. 23-4791 by Sec. 16, Ch. 480, L. 1975; R.C.M. 1947, 23-4791; amd. Sec. 242, Ch. 571, L. 1979; amd. Sec. 1, Ch. 25, L. 1997; amd. Sec. 13, Ch. 401, L. 2001; amd. Sec. 86, Ch. 414, L. 2003; amd. Sec. 15, Ch. 292, L. 2009; amd. Sec. 1, Ch. 147, L. 2013; amd. Sec. 60, Ch. 336, L. 2013; amd. Sec. 192, Ch. 49, L. 2015; amd. Sec. 1, Ch. 203, L. 2023; amd. Sec. 52, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-127. Withholding of certificates of nomination or election

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.
History: En. 23-4792 by Sec. 17, Ch. 480, L. 1975; R.C.M. 1947, 23-4792; amd. Sec. 243, Ch. 571, L. 1979; amd. Sec. 14, Ch. 401, L. 2001.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-128. Cause of action created

13-37-128. Cause of action created.
(1) A person who intentionally or negligently violates any of the reporting provisions of this chapter, a provision of 13-35-225, or a provision of Title 13, chapter 35, part 4, is liable in a civil action brought by the commissioner or a county attorney pursuant to the provisions outlined in 13-37-124 and 13-37-125 for an amount up to $500 or three times the amount of the unlawful contributions or expenditures, whichever is greater.
(2) A person who makes or receives a contribution or expenditure in violation of 13-35-227, 13-35-228, or this chapter or who violates 13-35-226 is liable in a civil action brought by the commissioner or a county attorney pursuant to the provisions outlined in 13-37-124 and 13-37-125 for an amount up to $500 or three times the amount of the unlawful contribution or expenditure, whichever is greater.
(3) A person who violates the provisions of 13-37-502 is liable in a civil action brought by the commissioner or a county attorney pursuant to the provisions outlined in 13-37-124 and 13-37-125 for an amount up to $500 or three times the amount of the unlawful disbursement, contribution, expenditure, or promise, whichever is greater.
History: En. Sec. 244, Ch. 571, L. 1979; amd. Sec. 53, Ch. 42, L. 1997; amd. Sec. 15, Ch. 401, L. 2001; amd. Sec. 4, Ch. 508, L. 2007; amd. Sec. 4, Ch. 330, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-129. Liability and disposition of fines

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.
History: En. Sec. 245, Ch. 571, L. 1979; amd. Sec. 8, Ch. 557, L. 1987.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-130. Limitation of action

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.
History: En. Sec. 246, Ch. 571, L. 1979; amd. Sec. 54, Ch. 42, L. 1997; amd. Sec. 1, Ch. 557, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-131. Misrepresentation of voting record

13-37-131. Misrepresentation of voting record.
(1) It is unlawful for a person to misrepresent a candidate's public voting record with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false.
(2) It is unlawful for a person to misrepresent to a candidate another candidate's public voting record with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false.
(3) For the purposes of this section, the public voting record of a candidate who was previously a member of the legislature includes a vote of that candidate recorded in committee minutes or in journals of the senate or the house of representatives. Failure of a person to verify a public voting record is evidence of the person's reckless disregard if the statement made by the person or the information provided to the candidate is false.
(4) A person violating subsection (1) or (2) is liable in a civil action brought by the commissioner or county attorney pursuant to 13-37-124 for an amount up to $1,000. An action pursuant to this section is subject to the provisions of 13-37-129 and 13-37-130.
History: En. Sec. 1, Ch. 483, L. 1995; amd. Sec. 1, Ch. 352, L. 1999; amd. Sec. 2, Ch. 367, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 1. Commissioner of Political Practices › 13-37-132. Campaign finance complaint response

13-37-132. Campaign finance complaint response.
A written response to a complaint alleging a violation of Title 13, chapter 37, part 2, must be posted on the commissioner's website. The commissioner may specify a deadline for the written response by the person who is the subject of the campaign finance complaint.
History: En. Sec. 1, Ch. 73, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 2. Campaign Finance › 13-37-201. Campaign treasurer

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.
History: En. 23-4781 by Sec. 6, Ch. 480, L. 1975; amd. Sec. 2, Ch. 23, L. 1977; R.C.M. 1947, 23-4781(1); amd. Sec. 247, Ch. 571, L. 1979; amd. Sec. 23, Ch. 591, L. 1991; amd. Sec. 122, Ch. 56, L. 2009; amd. Sec. 1, Ch. 167, L. 2015; amd. Sec. 7, Ch. 259, L. 2015; amd. Sec. 6, Ch. 494, L. 2021; amd. Sec. 53, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 2. Campaign Finance › 13-37-202. Deputy campaign treasurers

13-37-202. Deputy campaign treasurers.
(1) A campaign treasurer may appoint deputy campaign treasurers, but not more than one in each county in which the campaign is conducted. Each candidate, political committee, and joint fundraising committee shall certify the full name and complete address of the campaign treasurer and all deputy campaign treasurers with the office with whom the candidate, political committee, or joint fundraising committee is required to file reports.
(2) Deputy campaign treasurers may exercise any of the powers and duties of a campaign treasurer as set forth in this chapter when specifically authorized in writing to do so by the campaign treasurer and the candidate, in the case of a candidate, or the campaign treasurer and the presiding officer of the political committee or the joint fundraising committee, in the case of a political committee or a joint fundraising committee. The written authorization must be maintained as a part of the records required to be kept by the treasurer, as specified in 13-37-208.
History: En. 23-4781 by Sec. 6, Ch. 480, L. 1975; amd. Sec. 2, Ch. 23, L. 1977; R.C.M. 1947, 23-4781(2), (4); amd. Sec. 248, Ch. 571, L. 1979; amd. Sec. 123, Ch. 56, L. 2009; amd. Sec. 7, Ch. 494, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 2. Campaign Finance › 13-37-203. Campaign and deputy campaign treasurers

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.
History: En. 23-4781 by Sec. 6, Ch. 480, L. 1975; amd. Sec. 2, Ch. 23, L. 1977; R.C.M. 1947, 23-4781(3); amd. Sec. 124, Ch. 56, L. 2009; amd. Sec. 8, Ch. 494, L. 2021; amd. Sec. 1, Ch. 682, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 2. Campaign Finance › 13-37-204. Removal of campaign and deputy campaign treasurers

13-37-204. Removal of campaign and deputy campaign treasurers.
A candidate, political committee, or joint fundraising committee may remove the candidate's or committee's campaign or deputy campaign treasurer. The removal of any treasurer or deputy treasurer must immediately be reported to the officer with whom the name of the campaign treasurer was originally filed. In case of death, resignation, or removal of the candidate's or committee's campaign treasurer before compliance with any obligation of a campaign treasurer under this chapter, the candidate, political committee, or joint fundraising committee shall appoint a successor and certify the name and address of the successor as specified in 13-37-201.
History: En. 23-4781 by Sec. 6, Ch. 480, L. 1975; amd. Sec. 2, Ch. 23, L. 1977; R.C.M. 1947, 23-4781(5); amd. Sec. 125, Ch. 56, L. 2009; amd. Sec. 9, Ch. 494, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 37. Control of Campaign Practices › Part 2. Campaign Finance › 13-37-205. Campaign depositories

13-37-205. Campaign depositories.
(1) Except as provided in 13-37-206, each candidate, each political committee, and each joint fundraising committee shall designate one primary campaign depository for the purpose of depositing all contributions received and disbursing all expenditures made by the candidate or political committee.
(2) The candidate or political committee may also designate one secondary depository in each county in which an election is held and in which the candidate or committee participates. Deputy campaign treasurers may make deposits in and expenditures from secondary depositories when authorized to do so as provided in 13-37-202(2).
(3) Only a bank, credit union, savings and loan association, or building and loan association authorized to transact business in Montana may be designated as a campaign depository.
(4) The candidate, political committee, or joint fundraising committee shall file the name and address of each designated primary and secondary depository at the same time and with the same officer with whom the candidate or committee files the name of the candidate's or committee's campaign treasurer pursuant to 13-37-201.
(5) This section does not prevent a candidate, political committee, or joint fundraising committee from having more than one campaign account in the same depository, but a candidate may not utilize the candidate's regular or personal account in the depository as a campaign account.
(6) A candidate for the legislature may use the same account in a campaign depository for primary election contributions received and general election contributions received and is not required to segregate the funds if:
(a) the candidate maintains records concerning whether contributions received are designated for the primary election or the general election; and
(b) the balance in the account that contains commingled primary election funds and general election funds does not drop below the amount of general election contributions received until after the day of the primary election.
History: En. 23-4781 by Sec. 6, Ch. 480, L. 1975; amd. Sec. 2, Ch. 23, L. 1977; R.C.M. 1947, 23-4781(6); amd. Sec. 249, Ch. 571, L. 1979; amd. Sec. 1, Ch. 98, L. 1981; amd. Sec. 126, Ch. 56, L. 2009; amd. Sec. 10, Ch. 494, L. 2021; amd. Sec. 2, Ch. 571, L. 2021.