reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-221. Improper nominations

13-35-221. Improper nominations.
(1) A person may not pay or promise valuable consideration to another, in any manner or form, for the purpose of inducing the other person to be or to refrain from or to cease being a candidate, and a person may not solicit or receive any payment or promise from another for that purpose.
(2) A person, in consideration of any gift, loan, offer, promise, or agreement, as mentioned in subsection (1), may not:
(a) be nominated or refuse to be nominated as a candidate at an election;
(b) become, individually or in combination with any other person or persons, a candidate for the purpose of defeating the nomination or election of any other person, without a bona fide intent to obtain the office; or
(c) withdraw if the person has been nominated.
(3) Upon complaint made to any district court, the judge shall issue a writ of injunction restraining the officer whose duty it is to prepare official ballots for a nominating election from placing the name of a person on the ballot as a candidate for nomination to any office if the judge is convinced that:
(a) the person has sought the nomination or seeks to have the person's name presented to the voters as a candidate for nomination by any political party for any mercenary or venal consideration or motive; and
(b) the person's candidacy for the nomination is not in good faith.
History: En. 23-47-129 by Sec. 29, Ch. 334, L. 1977; R.C.M. 1947, 23-47-129; amd. Sec. 100, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-222. Repealed

13-35-222. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. 23-47-130 by Sec. 30, Ch. 334, L. 1977; R.C.M. 1947, 23-47-130.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-223. Repealed

13-35-223. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. 23-47-131 by Sec. 31, Ch. 334, L. 1977; R.C.M. 1947, 23-47-131.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-224. Repealed

13-35-224. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. 23-47-132 by Sec. 32, Ch. 334, L. 1977; R.C.M. 1947, 23-47-132.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-226. Unlawful acts of employers and employees

13-35-226. Unlawful acts of employers and employees.
(1) It is unlawful for any employer, in paying employees the salary or wages due them, to include with their pay the name of any candidate or any political mottoes, devices, or arguments containing threats or promises, express or implied, calculated or intended to influence the political opinions or actions of the employees.
(2) It is unlawful for an employer to exhibit in a place where the employer's workers or employees may be working any handbill or placard containing:
(a) any threat, promise, notice, or information that, in case any particular ticket or political party, organization, or candidate is elected:
(i) work in the employer's place or establishment will cease, in whole or in part, or will be continued or increased;
(ii) the employer's place or establishment will be closed; or
(iii) the salaries or wages of the workers or employees will be reduced or increased; or
(b) other threats or promises, express or implied, intended or calculated to influence the political opinions or actions of the employer's workers or employees.
(3) A person may not coerce, command, or require a public employee to support or oppose any political committee, the nomination or election of any person to public office, or the passage of a ballot issue.
(4) A public employee may not solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue while on the job or at the place of employment. However, subject to 2-2-121 and 2-2-122, this section does not restrict the right of a public employee to perform activities properly incidental to another activity required or authorized by law or to express personal political views.
(5) A person who violates this section is liable in a civil action authorized by 13-37-128, brought by the commissioner of political practices or a county attorney pursuant to 13-37-124 and 13-37-125.
History: En. 23-47-134 by Sec. 34, Ch. 334, L. 1977; R.C.M. 1947, 23-47-134; amd. Sec. 222, Ch. 571, L. 1979; amd. Sec. 1, Ch. 655, L. 1983; amd. Sec. 13, Ch. 562, L. 1995; amd. Sec. 3, Ch. 401, L. 2001; amd. Sec. 18, Ch. 114, L. 2003; amd. Sec. 2, Ch. 437, L. 2005; amd. Sec. 6, Ch. 559, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-227. Prohibited contributions from corporations and unions

13-35-227. Prohibited contributions from corporations and unions.
(1) A corporation or union may not make a contribution to a candidate directly or through an intermediary.
(2) A candidate may not accept or receive a corporate or union contribution described in subsection (1).
(3) A political committee that is not a corporation or union may establish a fund to be used for making political contributions to candidates if the fund consists only of funds solicited from noncorporate and nonunion sources.
(4) A corporation or union may establish a separate, segregated fund to be used for making political contributions to candidates if the fund consists only of voluntary contributions solicited from an individual who is a shareholder, employee, or member of the corporation or union.
(5) A person who violates this section is subject to the civil penalty provisions of 13-37-128.
History: En. Sec. 25, Init. Act, Nov. 1912; re-en. Sec. 10790, R.C.M. 1921; re-en. Sec. 10790, R.C.M. 1935; Sec. 94-1444, R.C.M. 1947; redes. 23-4744 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 1, Ch. 296, L. 1975; R.C.M. 1947, 23-4744; amd. Sec. 1, Ch. 404, L. 1979; amd. Sec. 1, I.M. No. 125, Nov. 5, 1996; amd. Sec. 1, Ch. 294, L. 1997 (voided by I.R. No. 114, Nov. 3, 1998); amd. Sec. 1, Ch. 59, L. 2003; amd. Sec. 4, Ch. 259, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-228. Prohibition of salary increase contribution

13-35-228. Prohibition of salary increase contribution.
A corporation may not increase the salary of any officer or employee or give an emolument to any officer, employee, or other person with the intention that the increase in salary, the emolument, or any part thereof be contributed to support or oppose a candidate or ballot issue.
History: En. 23-47-135 by Sec. 35, Ch. 334, L. 1977; R.C.M. 1947, 23-47-135.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-229. Repealed

13-35-229. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. 23-47-136 by Sec. 36, Ch. 334, L. 1977; R.C.M. 1947, 23-47-136.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-230. Repealed

13-35-230. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. 23-47-137 by Sec. 37, Ch. 334, L. 1977; R.C.M. 1947, 23-47-137.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-231. Unlawful for political party to contribute to judicial candidate

13-35-231. Unlawful for political party to contribute to judicial candidate.
A political party may not contribute to a judicial candidate.
History: En. 23-47-138 by Sec. 38, Ch. 334, L. 1977; R.C.M. 1947, 23-47-138; amd. Sec. 223, Ch. 571, L. 1979; amd. Sec. 2, Ch. 87, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-232. Repealed

13-35-232. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. 23-47-139 by Sec. 39, Ch. 334, L. 1977; R.C.M. 1947, 23-47-139.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-234. Repealed

13-35-234. Repealed.
Sec. 18, Ch. 401, L. 2001.
History: En. Sec. 2, Ch. 539, L. 1979; amd. Sec. 1, Ch. 545, L. 1983.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-235. Incorrect election procedures information

13-35-235. Incorrect election procedures information.
(1) A person may not knowingly or purposely disseminate to any elector information about election procedures that is incorrect or misleading or gives the impression that the information has been officially disseminated by an election administrator.
(2) A person who violates this section is guilty of a misdemeanor.
History: En. Sec. 1, Ch. 397, L. 1989.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-236. Void

13-35-236. Void.
I.R. No. 114, Nov. 3, 1998.
History: En. Sec. 2, Ch. 294, L. 1997; voided by I.R. No. 114, Nov. 3, 1998.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-237. Disclaimer on election materials funded by anonymous contributors

13-35-237. Disclaimer on election materials funded by anonymous contributors.
If a political committee or a joint fundraising committee claims to be exempt from disclosing the name of a person making a contribution to the political committee or the joint fundraising committee, the committee shall clearly and conspicuously include in all communications advocating the success or defeat of a candidate, political party, or ballot issue through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, poster, handbill, bumper sticker, internet website, or other form of general political advertising or issue advocacy the following disclaimer: "This communication is funded by anonymous sources. The voter should determine the veracity of its content."
History: En. Sec. 1, Ch. 340, L. 2013; amd. Sec. 5, Ch. 494, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-238. Donations -- prohibition -- penalty

13-35-238. Donations -- prohibition -- penalty.
(1) Except as provided in subsections (2) through (4), the state, the secretary of state, a county, a municipality, or the officers or employees of those entities may not accept, use, or dispose of a donation in the form of money, grants, property, or personal services from an individual or a corporation, whether operating for-profit or nonprofit, for the purpose of funding the functions or responsibilities of the county or municipality to conduct an election pursuant to the provisions of Title 13. All costs and expenses relating to conducting elections must be paid for with public funds.
(2) This section may not be construed to apply to the donation or use of a location for voting purposes, services that are provided at no cost to the state, the secretary of state, a county, a municipality, or the officers or employees of those entities, or goods that have a nominal value of less than $100.
(3) This section may not be construed to prevent tribal nations from providing donated space to be used as a polling location or for the same purposes as the main election office.
(4) This section may not be construed to prevent tribal nations from using their own funds, funds from other tribal nations, or funds from public entities such as the state or federal government for election purposes.
(5) This section may not be construed to prevent a nonprofit organization or a corporation from spending its own money to its own initiatives related to an election.
(6) A person who purposefully or knowingly violates this section is guilty of a felony and shall be punished by imprisonment for not less than 1 year or more than 10 years or by a fine of not more than $50,000, or both.
History: En. Sec. 1, Ch. 325, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-241. Release of vote tally -- penalty

13-35-241. Release of vote tally -- penalty.
(1) A person may not make public the results of a vote tally from a precinct until after the polls close as provided in 13-1-106.
(2) (a) A person who knowingly violates subsection (1) shall be imprisoned in the state prison for a term not to exceed 2 years or be fined an amount not less than $100,000 and not more than $500,000, or both.
(b) For the purposes of this section "knowingly" has the meaning specified in 45-2-101.
History: En. Sec. 9, Ch. 229, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 2. Specific Provisions › 13-35-242. Political activity in public postsecondary institution residence hall, dining facility, or athletic facility -- prohibition -- exceptions -- penalty

13-35-242. Political activity in public postsecondary institution residence hall, dining facility, or athletic facility -- prohibition -- exceptions -- penalty.
(1) A political committee may not direct, coordinate, manage, or conduct any voter identification efforts, voter registration drives, signature collection efforts, ballot collection efforts, or voter turnout efforts for a federal, state, local, or school election inside a residence hall, dining facility, or athletic facility operated by a public postsecondary institution.
(2) Nothing in this section may be construed as prohibiting any communications made through mail, telephone, text messages, or electronic mail inside a residence hall, dining facility, or athletic facility or any political advertising made through radio, television, satellite, or internet service. Nothing in this section may be construed as prohibiting an individual from undertaking or participating in any activity for a federal, state, local, or school election if the activity is undertaken at the individual's exclusive initiative.
(3) A person who resides in a residence hall operated by a public postsecondary institution or who regularly uses a dining hall operated by public postsecondary institution, a candidate for office in a federal, state, local, or school election, or a political committee engaged in a federal, state, local, or school election may institute an action in any court of competent jurisdiction to prevent, restrain, or enjoin a violation of this section.
(4) A political committee that violates this section is subject to a civil penalty of $1,000 for each violation. Each day of a continuing violation constitutes a separate offense.
(5) For the purposes of this section, "public postsecondary institution" means:
(a) a unit of the Montana university system as described in 20-25-201; or
(b) a Montana community college defined and organized as provided in 20-15-101.
History: En. Sec. 21, Ch. 494, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 3. Code of Fair Campaign Practices › 13-35-301. Adoption of code of fair campaign practices

13-35-301. Adoption of code of fair campaign practices.
The following code of fair campaign practices is adopted by Montana:
"There are basic principles of decency, honesty, and fair play that every candidate for public office in the United States has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues before the country. Therefore:
I will conduct my campaign in the best American tradition, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponent and my opponent's party that merit such criticism.
I will defend and uphold the right of every qualified American voter to full and equal participation in the electoral process.
I will conduct my campaign without the use of personal vilification, character defamation, whispering campaigns, libel, slander, or scurrilous attacks on my opposition or my opposition's personal or family life.
I will not use campaign material of any sort that misrepresents, distorts, or otherwise falsifies the facts, nor will I use malicious or unfounded accusations that aim at creating or exploiting doubts, without justification, as to the loyalty and patriotism of my opposition.
I will not make any appeal to prejudice based on race, sex, as defined in 1-1-201, creed, or national origin.
I will not undertake or condone any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections or that hampers or prevents the full and free expression of the will of the voters.
Insofar as is possible, I will immediately and publicly repudiate support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I have pledged not to use or condone."
History: En. Sec. 1, Ch. 475, L. 1979; amd. Sec. 101, Ch. 56, L. 2009; amd. Sec. 6, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 3. Code of Fair Campaign Practices › 13-35-302. Candidates to be given opportunity to subscribe to campaign practices code

13-35-302. Candidates to be given opportunity to subscribe to campaign practices code.
(1) The commissioner of political practices shall prepare a form that sets forth the code of fair campaign practices provided for in 13-35-301 and a place for a candidate to sign the form and to indicate that the candidate endorses, subscribes to, and pledges to abide by the code.
(2) The commissioner shall send a copy of the form to each candidate required to file reports or other information with the commissioner. Signing the form is voluntary, and a failure or refusal to sign is not a violation of the election laws. A form must be sent for each election as soon as feasible. The signed form must be returned to the commissioner.
(3) Any candidate not required to file with the commissioner but wishing to subscribe to the code may obtain the form from the commissioner and may sign the form and deliver it to the commissioner.
History: En. Sec. 2, Ch. 475, L. 1979; amd. Sec. 1, Ch. 128, L. 1993.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 4. Clean Campaign Act › 13-35-402. Fair notice period before election

13-35-402. Fair notice period before election.
(1) A candidate or a political committee shall at the time specified in subsection (3) provide to candidates listed in subsection (2) any final copy of campaign advertising in print media, in printed material, or by broadcast media that is intended for public distribution in the 10 days prior to an election day unless:
(a) identical material was already published or broadcast; or
(b) the material does not identify or mention the opposing candidate.
(2) The material must be provided to all other candidates who have filed for the same office and who are individually identified or mentioned in the advertising, except candidates mentioned in the context of endorsements.
(3) Final copies of material described in subsection (1) must be provided to the candidates listed in subsection (2) at the following times:
(a) at the time the material is published or broadcast or disseminated to the public;
(b) if the material is disseminated by direct mail, on the date of the postmark; or
(c) if the material is prepared and disseminated by hand, on the day the material is first being made available to the general public.
(4) The copy of the material that must be provided to the candidates listed in subsection (2) must be provided by electronic mail, facsimile transmission, or hand delivery, with a copy provided by direct mail if the recipient does not have available either electronic mail or facsimile transmission. If the material is for broadcast media, the copy provided must be a written transcript of the broadcast.
History: En. Sec. 2, Ch. 508, L. 2007; amd. Sec. 5, Ch. 259, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 4. Clean Campaign Act › 13-35-403. Penalties

13-35-403. Penalties.
A person who violates 13-35-402 is liable in a civil action pursuant to 13-37-128.
History: En. Sec. 3, Ch. 508, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 5. Prohibition on Corporate Contributions and Expenditures › 13-35-501. Short title

13-35-501. Short title.
This part may be cited as the "Prohibition on Corporate Contributions and Expenditures in Montana Elections Act".
History: En. Sec. 1, I.M. No. 166, approved Nov. 6, 2012.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 5. Prohibition on Corporate Contributions and Expenditures › 13-35-502. Findings

13-35-502. Findings.
The people of the state of Montana find that:
(1) since 1912, through passage of the Corrupt Practices Act by initiative, Montana has prohibited corporate contributions to and expenditures on candidate elections;
(2) in 1996, by passage of Initiative No. 125, Montana prohibited corporations from using corporate funds to make contributions to or expenditures on ballot issue campaigns;
(3) Montana's 1996 prohibition on corporate contributions to ballot issue campaigns was invalidated by Montana Chamber of Commerce v. Argenbright, 226 F.3d 1049 (2000). Montana's 1912 prohibition on corporate contributions to and expenditures on candidate elections is also being challenged under the holding of Citizens United v. FEC, 558 U.S. 310, 130 S.Ct. 876 (2010). This decision equated the political speech rights of corporations with those of human beings.
(4) in 2011 the Montana Supreme Court, in its decision, Western Tradition Partnership, Inc. v. Attorney General, 2011 MT 328, upheld Montana's 1912 prohibition on corporate contributions to and expenditures on candidate campaigns, stating in its opinion as follows:
(a) examples of well-financed corruption involving corporate money abound in Montana;
(b) the corporate power that can be exerted with unlimited corporate political spending is still a vital interest to the people of Montana;
(c) corporate independent spending on Montana ballot issues has far exceeded spending from other sources;
(d) unlimited corporate money into candidate elections would irrevocably change the dynamic of local Montana political office races;
(e) with the infusion of unlimited corporate money in support of or opposition to a targeted candidate, the average citizen candidate in Montana would be unable to compete against the corporate-sponsored candidate, and Montana citizens, who for over 100 years have made their modest election contributions meaningfully count, would be effectively shut out of the process; and
(f) clearly the impact of unlimited corporate donations creates a dominating impact on the Montana political process and inevitably minimizes the impact of individual Montana citizens.
History: En. Sec. 2, I.M. No. 166, approved Nov. 6, 2012; amd. Sec. 9, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 5. Prohibition on Corporate Contributions and Expenditures › 13-35-503. Policy

13-35-503. Policy.
(1) It is policy of the state of Montana that each elected and appointed official in Montana, whether acting on a state or federal level, advance the philosophy that corporations are not human beings with constitutional rights and that each such elected and appointed official is charged to act to prohibit, whenever possible, corporations from making contributions to or expenditures on the campaigns of candidates or ballot issues. As part of this policy, each such elected and appointed official in Montana is charged to promote actions that accomplish a level playing field in election spending.
(2) When carrying out the policy under subsection (1), Montana's elected and appointed officials are generally directed as follows:
(a) that the people of Montana regard money as property, not speech;
(b) that the people of Montana regard the rights under the United States Constitution as rights of human beings, not rights of corporations;
(c) that the people of Montana regard the immense aggregation of wealth that is accumulated by corporations using advantages provided by the government to be corrosive and distorting when used to advance the political interests of corporations;
(d) that the people of Montana intend that there should be a level playing field in campaign spending that allows all individuals, regardless of wealth, to express their views to one another and their government; and
(e) that the people of Montana intend that a level playing field in campaign spending includes limits on overall campaign expenditures and limits on large contributions to or expenditures for the benefit of any campaign by any source, including corporations, individuals, or political committees.
History: En. Sec. 3, I.M. No. 166, approved Nov. 6, 2012.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 5. Prohibition on Corporate Contributions and Expenditures › 13-35-504. Promotion of policy by elected or appointed officials

13-35-504. Promotion of policy by elected or appointed officials.
(1) Montana's congressional delegation is charged with proposing a joint resolution offering an amendment to the United States constitution that accomplishes the following:
(a) overturns the U.S. Supreme Court's ruling in Citizens United v. Federal Election Commission;
(b) establishes that corporations are not human beings with constitutional rights;
(c) establishes that campaign contributions or expenditures by corporations, whether to candidates or ballot issues, may be prohibited by a political body at any level of government; and
(d) accomplishes the goals of Montanans in achieving a level playing field in election spending.
(2) Montana's congressional delegation is charged to work diligently to bring such a joint resolution to a vote and passage, including use of discharge petitions, cloture, and every other procedural method to secure a vote and passage.
(3) The members of the Montana legislature, if given the opportunity, are charged with ratifying any amendment to the United States constitution that is consistent with the policy of the state of Montana.
History: En. Sec. 4, I.M. No. 166, approved Nov. 6, 2012.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 6. Montana Third-Party Voter Registration Integrity Act › 13-35-601. Short title

13-35-601. Short title.
This part may be cited as the "Montana Third-Party Voter Registration Integrity Act".
History: En. Sec. 1, Ch. 249, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 6. Montana Third-Party Voter Registration Integrity Act › 13-35-602. Definitions

13-35-602. Definitions.
As used in this part, the following definitions apply:
(1) "Campaign literature" means material that advocates the success or defeat of a candidate, political party, or ballot issue.
(2) "Third-party registrar" means a person, other than an election official, who is supporting an organized effort to register voters or to assist voters in applying for absentee ballots.
History: En. Sec. 2, Ch. 249, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 6. Montana Third-Party Voter Registration Integrity Act › 13-35-603. Prohibitions concerning mailings

13-35-603. Prohibitions concerning mailings.
A third-party registrar may not mail a voter registration or absentee ballot application in the same envelope as campaign literature if the envelope is marked to resemble a mailing from an election office.
History: En. Sec. 3, Ch. 249, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 6. Montana Third-Party Voter Registration Integrity Act › 13-35-604. Return of voter registration and absentee ballot applications

13-35-604. Return of voter registration and absentee ballot applications.
A third-party registrar may not mail or advise an applicant to mail a voter registration or absentee ballot application to any address other than the county election administrator's address in the applicant's county of residence.
History: En. Sec. 4, Ch. 249, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 7. Montana Ballot Interference Prevention Act › 13-35-702. Definitions

13-35-702. Definitions.
As used in this part, the following definitions apply:
(1) "Acquaintance" means an individual known by the voter.
(2) "Caregiver" means an individual who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living home, residential care institution, adult day health care facility, or adult foster care home.
(3) "Collect" means to gain possession or control of a ballot.
(4) "Family member" means an individual who is related to the voter by blood, marriage, adoption, or legal guardianship.
(5) "Household member" means an individual who resides at the same residence as the voter.
History: En. Sec. 2, Ch. 238, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 7. Montana Ballot Interference Prevention Act › 13-35-703. Ballot collection prohibited -- exceptions

13-35-703. Ballot collection prohibited -- exceptions.
(1) Except as provided in subsection (2), a person may not knowingly collect a voter's voted or unvoted ballot.
(2) This section does not apply to:
(a) an election official;
(b) a United States postal service worker or other individual specifically authorized by law to transmit United States mail;
(c) a caregiver;
(d) a family member;
(e) a household member; or
(f) an acquaintance.
(3) An individual authorized to collect a voter's ballot pursuant to subsections (2)(c) through (2)(f) may not collect and convey more than six ballots.
History: En. Sec. 3, Ch. 238, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 7. Montana Ballot Interference Prevention Act › 13-35-704. Record of delivery

13-35-704. Record of delivery.
An individual permitted to collect and convey a ballot under 13-35-703(2)(c) through (2)(f) shall sign a registry when delivering the ballot to the polling place, a place of deposit, or the election administrator's office. In addition to the signature requirement, the individual collecting and conveying the ballot shall provide the following information:
(1) the individual's name, address, and phone number;
(2) the voter's name and address; and
(3) the individual's relationship to the voter required to collect and convey a ballot pursuant to 13-35-703(2)(c) through (2)(f).
History: En. Sec. 4, Ch. 238, L. 2017; amd. Sec. 10, Ch. 229, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 35. Election and Campaign Practices and Criminal Provisions › Part 7. Montana Ballot Interference Prevention Act › 13-35-705. Penalty

13-35-705. Penalty.
A violation of a provision of this part is punishable by a fine of $500 for each ballot unlawfully collected.
History: En. Sec. 5, Ch. 238, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 1. General Provisions › 13-36-101. Grounds for contest of nomination or election to public office

13-36-101. Grounds for contest of nomination or election to public office.
An elector may contest the right of any person to any nomination or election to public office for which the elector has the right to vote if the elector believes that:
(1) a deliberate, serious, and material violation of any provision of the law relating to nominations or elections has occurred;
(2) the person was not, at the time of the election, eligible to be a candidate for the office;
(3) votes were cast illegally or were counted or canvassed in an erroneous or fraudulent manner.
History: En. Sec. 45, Init. Act, Nov. 1912; re-en. Sec. 10810, R.C.M. 1921; re-en. Sec. 10810, R.C.M. 1935; Sec. 94-1464, R.C.M. 1947; redes. 23-4763 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 59, Ch. 365, L. 1977; R.C.M. 1947, 23-4763; amd. Sec. 224, Ch. 571, L. 1979; amd. Sec. 102, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 1. General Provisions › 13-36-102. Time for commencing contest

13-36-102. Time for commencing contest.
(1) Five days or less after a candidate has been certified as nominated, a person wishing to contest the nomination to any public office shall give notice in writing to the candidate whose nomination the person intends to contest, briefly stating the cause for the contest. The contestant shall make application to the district court in the county where the contest is to be had. The judge shall then set the time for the hearing. The contestant shall serve notice 3 days before the hearing is scheduled. The notice must state the time and place of the hearing.
(2) Any action to contest the right of a candidate to be declared elected to an office or to annul and set aside the election or to remove from or deprive any person of an office of which the person is the incumbent for any offense mentioned in this title must, unless a different time is stated, be commenced within 1 year after the day of election at which the offense was committed.
History: (1)En. Sec. 71, Ch. 368, L. 1969; amd. Sec. 23, Ch. 365, L. 1977; Sec. 23-3316, R.C.M. 1947; (2)En. Sec. 40, Init. Act, Nov. 1912; re-en. Sec. 10805, R.C.M. 1921; re-en. Sec. 10805, R.C.M. 1935; Sec. 94-1459, R.C.M. 1947; redes. 23-4759 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 57, Ch. 365, L. 1977; Sec. 23-4759, R.C.M. 1947; R.C.M. 1947, 23-3316(1) thru (3), 23-4759; amd. Sec. 225, Ch. 571, L. 1979; amd. Sec. 58, Ch. 575, L. 1981; amd. Sec. 103, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 1. General Provisions › 13-36-103. Court having jurisdiction of proceedings

13-36-103. Court having jurisdiction of proceedings.
An application for filing a statement, payment of a claim, or correction of an error or false recital in a filed statement or an action or proceeding to annul and set aside the election of any person declared elected to an office or to remove or deprive any person of the person's office for an offense mentioned in this title or any petition to excuse any person or candidate in accordance with the power of the court to excuse, as provided in 13-36-209, must be made or filed in the district court of the county in which the certificate, declaration, or acceptance of the person's nomination as a candidate for the office to which the person is declared nominated or elected is filed or in which the incumbent resides.
History: En. Sec. 41, Init. Act, Nov. 1912; re-en. Sec. 10806, R.C.M. 1921; re-en. Sec. 10806, R.C.M. 1935; Sec. 94-1460, R.C.M. 1947; amd. and redes. 23-4760 by Sec. 25, Ch. 513, L. 1973; amd. Sec. 58, Ch. 365, L. 1977; R.C.M. 1947, 23-4760; amd. Sec. 226, Ch. 571, L. 1979; amd. Sec. 104, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 1. General Provisions › 13-36-104. Nomination contests

13-36-104. Nomination contests.
In the case of nomination contests, the judge of the district court shall hear and determine the case and make all necessary orders for the trial of the case and carrying the judgment into effect. The order of the judge must express the will of a majority of the legal voters of the political party, as indicated by their votes, disregarding technicalities or errors in spelling. Each party is entitled to subpoenas. The registrar shall issue a certificate to the person declared nominated by the court. The certificate is conclusive evidence of the right of the person to hold the nomination.
History: En. Sec. 71, Ch. 368, L. 1969; amd. Sec. 23, Ch. 365, L. 1977; R.C.M. 1947, 23-3316(4) thru (6); amd. Sec. 105, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 2. Procedure › 13-36-201. Contents of contest petition

13-36-201. Contents of contest petition.
Any petition contesting the right of any person to a nomination or election must set forth the name of every person whose election is contested and the grounds of the contest. The petition may not be amended unless the amendment is authorized by a court.
History: En. Sec. 48, Init. Act, Nov. 1912; re-en. Sec. 10813, R.C.M. 1921; re-en. Sec. 10813, R.C.M. 1935; Sec. 94-1467, R.C.M. 1947; redes. 23-4766 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 23-4766(part); amd. Sec. 106, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 2. Procedure › 13-36-202. Reception of illegal votes -- allegations and evidence

13-36-202. Reception of illegal votes -- allegations and evidence.
When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that in one or more specified voting precincts illegal votes were given to the candidate whose nomination or election is contested that, if taken from the candidate, will reduce the number of the candidate's legal votes below the number of legal votes given to some other candidate for the same office. Testimony may not be received of any illegal votes unless the party contesting the election delivers to the opposite party, at least 3 days before trial, a written list of the number of illegal votes and by whom given that the party intends to prove at trial. This provision may not prevent the contestant from offering evidence of illegal votes not included in the statement if the contestant did not know and by reasonable diligence was unable to learn of the additional illegal votes and by whom they were given before delivering the written list.
History: En. Sec. 47, Init. Act, Nov. 1912; re-en. Sec. 10812, R.C.M. 1921; re-en. Sec. 10812, R.C.M. 1935; Sec. 94-1466, R.C.M. 1947; redes. 23-4765 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 23-4765; amd. Sec. 227, Ch. 571, L. 1979; amd. Sec. 107, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 2. Procedure › 13-36-203. Form of complaint

13-36-203. Form of complaint.
(1) A petition or complaint filed under the provisions of this chapter is sufficient if it is in substantially the following form:
In the District Court of the
.... Judicial District,
for the County of ...., State of Montana.
A B (or A B and C D), Contestants,
vs.
E F, Contestee.
The petition of the contestant (or contestants) named above alleges:
That an election was held (in the state, district, county, or city of ....), on the .... day of ...., 20..., for the (nomination of a candidate for) (or election of a) (state the office).
That .... and .... were candidates at the election and the board of canvassers has returned .... as being nominated (or elected) at the election.
That contestant A B voted (or had a right to vote, as the case may be) at the election (or claims to have had a right to be returned as the nominee or officer elected or nominated at the election or was a candidate at the election, as the case may be) and that contestant C D (here state in a similar manner the right of each contestant).
The contestant (or contestants) further allege (here state the facts and grounds on which the contestants rely).
The contestants ask that it be determined by the court that .... was not nominated (or elected) and that the election was void or that A B or C D, as the case may be, was nominated (or elected) and ask for other relief that the court may find appropriate.
(2) The complaint must be verified by the affidavit of one of the petitioners in the manner required by law for the verification of complaints in civil cases.
History: En. Sec. 53, Init. Act, Nov. 1912; re-en. Sec. 10818, R.C.M. 1921; re-en. Sec. 10818, R.C.M. 1935; Sec. 94-1472, R.C.M. 1947; redes. 23-4771 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 23-4771; amd. Sec. 23, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 2. Procedure › 13-36-204. Bond required

13-36-204. Bond required.
Before any proceeding on the petition, the petitioner shall give bond to the state in a sum that the court may order, not exceeding $2,000, with not less than two sureties, who shall justify in the manner required of sureties on bail bonds, conditioned to pay all costs, disbursements, and attorney fees that may be awarded against the petitioner if the petitioner does not prevail.
History: En. Sec. 48, Init. Act, Nov. 1912; re-en. Sec. 10813, R.C.M. 1921; re-en. Sec. 10813, R.C.M. 1935; Sec. 94-1467, R.C.M. 1947; redes. 23-4766 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 23-4766(part); amd. Sec. 108, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 2. Procedure › 13-36-205. Recovery of costs

13-36-205. Recovery of costs.
In any contest, the prevailing party may recover the party's costs, disbursements, and reasonable attorney fees. Costs, disbursements, and attorney fees in all cases must be in the discretion of the court. If judgment is rendered against the petitioner, it must also be rendered against the sureties on the bond.
History: En. Sec. 48, Init. Act, Nov. 1912; re-en. Sec. 10813, R.C.M. 1921; re-en. Sec. 10813, R.C.M. 1935; Sec. 94-1467, R.C.M. 1947; redes. 23-4766 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 23-4766(part); amd. Sec. 228, Ch. 571, L. 1979; amd. Sec. 109, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 2. Procedure › 13-36-206. Notice of filing -- prompt hearing

13-36-206. Notice of filing -- prompt hearing.
On the filing of a petition under this part, the clerk shall immediately notify the judge of the court and issue a citation to the person whose nomination or office is contested, citing the person to appear and answer not less than 3 or more than 7 days after the date of filing the petition. The court shall hear the cause, and the contest must take precedence over all other business on the court docket and must be tried and disposed of with all convenient dispatch. The court is always considered to be in session for the trial of contest cases.
History: En. Sec. 48, Init. Act, Nov. 1912; re-en. Sec. 10813, R.C.M. 1921; re-en. Sec. 10813, R.C.M. 1935; Sec. 94-1467, R.C.M. 1947; redes. 23-4766 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 23-4766(part); amd. Sec. 110, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 2. Procedure › 13-36-207. Hearing of contest

13-36-207. Hearing of contest.
The petitioner (contestant) and the contestee may appear and produce evidence at the hearing, but no person other than the petitioner and contestee may be made a party to the proceedings on the petition and no person other than the parties and their attorneys may be heard except by order of the court. If more than one petition is pending or the election of more than one person is contested, the court may in its discretion order the cases to be heard together and may apportion the costs, disbursements, and attorney fees between the parties and shall finally determine all questions of law and fact, except that the judge may impanel a jury to decide on questions of fact. In the case of nominations or elections other than for federal congressional offices, the court shall immediately certify its decision to the governing body or official issuing certificates of nomination or election and the governing body or official shall issue certificates of nomination or election to the person or persons entitled to the certificates by the court's decision. If judgment of ouster against a defendant is rendered, the nomination or office must be declared vacant by the judgment, except as provided in 13-36-212, and must be filled by a new election or by appointment as may be provided by law regarding vacancies in the nomination or office.
History: En. Sec. 49, Init. Act, Nov. 1912; re-en. Sec. 10814, R.C.M. 1921; re-en. Sec. 10814, R.C.M. 1935; Sec. 94-1468, R.C.M. 1947; redes. 23-4767 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 60, Ch. 365, L. 1977; R.C.M. 1947, 23-4767; amd. Sec. 229, Ch. 571, L. 1979; amd. Sec. 111, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 36. Contests › Part 2. Procedure › 13-36-208. Advancement of cases -- dismissal -- privileges of witnesses

13-36-208. Advancement of cases -- dismissal -- privileges of witnesses.
Proceedings under this title must be advanced on the docket upon request of either party for speedy trial, but the court may postpone or continue the trial if necessary, and in case of a continuance or postponement, the court may impose costs in its discretion as a condition of the continuance or postponement. A petition may not be dismissed without the consent of the county attorney unless the petition is dismissed by the court. A person may not be excused from testifying or producing papers or documents on the ground that the person's testimony or the production of papers or documents will tend to incriminate the person. However, an admission, evidence, or paper made or advanced or produced by the person or any evidence that is the direct result of the evidence or information that the person may have given may not be offered or used against the person in any civil or criminal prosecution except in a prosecution for perjury committed in the testimony.
History: En. Sec. 52, Init. Act, Nov. 1912; re-en. Sec. 10817, R.C.M. 1921; re-en. Sec. 10817, R.C.M. 1935; Sec. 94-1471, R.C.M. 1947; redes. 23-4770 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 61, Ch. 365, L. 1977; R.C.M. 1947, 23-4770; amd. Sec. 112, Ch. 56, L. 2009.