reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-313. Repealed

13-10-313. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 67, Ch. 368, L. 1969; amd. Sec. 18, Ch. 365, L. 1977; R.C.M. 1947, 23-3312.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-314. Repealed

13-10-314. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 68, Ch. 368, L. 1969; amd. Sec. 22, Ch. 315, L. 1974; amd. Sec. 19, Ch. 365, L. 1977; R.C.M. 1947, 23-3313(1).
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-315. Repealed

13-10-315. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 68, Ch. 368, L. 1969; amd. Sec. 22, Ch. 315, L. 1974; amd. Sec. 19, Ch. 365, L. 1977; R.C.M. 1947, 23-3313(6).
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-316. Repealed

13-10-316. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 68, Ch. 368, L. 1969; amd. Sec. 22, Ch. 315, L. 1974; amd. Sec. 19, Ch. 365, L. 1977; R.C.M. 1947, 23-3313(5).
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-317. Repealed

13-10-317. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 68, Ch. 368, L. 1969; amd. Sec. 22, Ch. 315, L. 1974; amd. Sec. 19, Ch. 365, L. 1977; R.C.M. 1947, 23-3313(3), (4).
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-318. Repealed

13-10-318. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: (1)En. Sec. 68, Ch. 368, L. 1969; amd. Sec. 22, Ch. 315, L. 1974; amd. Sec. 19, Ch. 365, L. 1977; Sec. 23-3313, R.C.M. 1947; (2) thru (4)En. Sec. 69, Ch. 368, L. 1969; amd. Sec. 3, Ch. 28, L. 1973; amd. Sec. 22, Ch. 315, L. 1974; amd. Sec. 20 Ch. 365, L. 1977; Sec. 23-3314, R.C.M. 1947; R.C.M. 1947, 23-3313(2), 23-3314.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-319. Repealed

13-10-319. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 63, Ch. 368, L. 1969; amd. Sec. 2, Ch. 28, L. 1973; amd. Sec. 16, Ch. 365, L. 1977; R.C.M. 1947, 23-3308(10).
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-320. Repealed

13-10-320. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 79, Ch. 368, L. 1969; amd. Sec. 24, Ch. 365, L. 1977; R.C.M. 1947, 23-3319.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-321. Repealed

13-10-321. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 70, Ch. 368, L. 1969; amd. Sec. 22, Ch. 365, L. 1977; R.C.M. 1947, 23-3315.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-325. Withdrawal from nomination

13-10-325. Withdrawal from nomination.
(1) (a) A candidate for nomination or a candidate for election to an office may withdraw from the election by sending a statement of withdrawal to the officer with whom the candidate's declaration, petition, or acceptance of nomination was filed. The statement must contain all information necessary to identify the candidate and the office sought. Unless filed electronically with the secretary of state, the statement of withdrawal from nomination must be acknowledged by an officer empowered to acknowledge signatures or by the officer of the office at which the filing is made.
(b) A candidate may not withdraw after the candidate filing deadline established in 13-10-201(7).
(2) Filing fees paid by the candidate may not be refunded.
History: En. Sec. 82, Ch. 368, L. 1969; amd. Sec. 5, Ch. 254, L. 1971; amd. Sec. 4, Ch. 28, L. 1973; R.C.M. 1947, 23-3321(1); amd. Sec. 75, Ch. 571, L. 1979; amd. Sec. 27, Ch. 250, L. 1985; amd. Sec. 2, Ch. 229, L. 1989; amd. Sec. 41, Ch. 56, L. 2009; amd. Sec. 3, Ch. 292, L. 2009; amd. Sec. 23, Ch. 242, L. 2011; amd. Sec. 179, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-326. Vacancy prior to primary election

13-10-326. Vacancy prior to primary election.
(1) If a candidate for nomination for a partisan office dies or withdraws before the candidate filing deadline established in 13-10-201(7), the affected political party may appoint someone to replace the candidate by the procedure provided in 13-10-327.
(2) Except as provided in subsection (3), if a candidate for nomination for a partisan office dies after the candidate filing deadline established in 13-10-201(7), or is disqualified pursuant to 13-37-126 from having the candidate's name appear on the primary election ballot, the affected political party shall appoint a candidate after the primary election as provided in 13-10-327 if a candidate for that office for that party was not nominated at the primary election.
(3) A political party may not appoint a candidate for an office if no candidate for nomination by that party filed for the office before the primary election or if the deadline for certifying candidate names for the ballot pursuant to 13-10-208 has passed.
History: En. Sec. 82, Ch. 368, L. 1969; amd. Sec. 5, Ch. 254, L. 1971; amd. Sec. 4, Ch. 28, L. 1973; R.C.M. 1947, 23-3321(2); amd. Sec. 76, Ch. 571, L. 1979; amd. Sec. 28, Ch. 250, L. 1985; amd. Sec. 11, Ch. 273, L. 2007; amd. Sec. 4, Ch. 292, L. 2009; amd. Sec. 180, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-327. Vacancy after primary and prior to general election

13-10-327. Vacancy after primary and prior to general election.
(1) Except as provided in 13-10-328 for a vacancy in the candidacy of either governor or lieutenant governor caused by the death of a candidate, if a party candidate dies or withdraws after the primary and before the general election, or if a candidate is disqualified pursuant to 13-37-126 from having the candidate's name appear on a general election ballot, the affected political party shall appoint someone to replace the candidate in one of the following ways:
(a) For offices to be filled by the state at large, the state central committee shall make the appointment as provided by the rules of the party.
(b) For offices to be filled in districts including more than one county, a committee appointed by the county central committees of all counties in the district shall make the appointment. Procedures for the appointment of the committee and making the appointment must be provided in party rules.
(c) For offices to be filled in counties, municipalities, or districts wholly within a county, the appointment must be made under rules adopted by the county central committee.
(2) Except as provided in this section, appointments to fill vacancies must be made no later than 76 days before the election. A candidate may not officially withdraw 85 days or less before a general election. However, if a candidate for partisan office dies less than 85 days before the general election, the affected political party shall appoint a candidate within 5 days after being notified of the vacancy. One of the procedures provided in 13-12-204 must be used to place the name of the appointee on the ballot if necessary.
(3) The appointing committee shall send a certificate to the officer with whom a declaration for nomination for the office would be filed, with the information required on a declaration for nomination and the name of the candidate for whom the appointee is to be substituted. The appointee shall send a signed and acknowledged acceptance of the appointment and the filing fee for the office.
(4) The officer receiving the certificate of appointment, accompanied by a statement of acceptance and the filing fee, shall certify the name of the appointee for the ballot.
History: En. Sec. 82, Ch. 368, L. 1969; amd. Sec. 5, Ch. 254, L. 1971; amd. Sec. 4, Ch. 28, L. 1973; R.C.M. 1947, 23-3321(3); amd. Sec. 77, Ch. 571, L. 1979; amd. Sec. 29, Ch. 250, L. 1985; amd. Sec. 3, Ch. 229, L. 1989; amd. Sec. 1, Ch. 85, L. 1997; amd. Sec. 2, Ch. 537, L. 2001; amd. Sec. 181, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-328. Vacancy in governor or lieutenant governor candidacy

13-10-328. Vacancy in governor or lieutenant governor candidacy.
(1) Except as provided in this section, death or withdrawal of a candidate for governor or lieutenant governor does not affect the candidacy of the other joint candidate.
(2) If a candidate for the office of governor dies less than 85 days before a general election, the candidate for lieutenant governor must be advanced on the ballot to the candidacy for governor and the candidate for governor shall select an individual to be a candidate for lieutenant governor. If a candidate for the office of lieutenant governor dies less than 85 days before a general election, the candidate for governor shall select an individual to be a candidate for lieutenant governor. The name of a candidate for governor or a candidate for lieutenant governor, or both, designated or selected pursuant to this section, must be certified to the election administrators by the secretary of state, and one of the procedures provided in 13-12-204 must be used to place the name of the new candidate on the ballot.
History: En. Sec. 82, Ch. 368, L. 1969; amd. Sec. 5, Ch. 254, L. 1971; amd. Sec. 4, Ch. 28, L. 1973; R.C.M. 1947, 23-3321(4); amd. Sec. 78, Ch. 571, L. 1979; amd. Sec. 2, Ch. 85, L. 1997.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 4. Presidential Preference Primary › 13-10-401. Date of presidential primary

13-10-401. Date of presidential primary.
In the years in which a president of the United States is to be elected, a presidential preference primary election will be held on the same day as the primary provided for in 13-1-107.
History: En. 23-3322 by Sec. 1, Ch. 162, L. 1974; R.C.M. 1947, 23-3322; amd. Sec. 79, Ch. 571, L. 1979; amd. Sec. 4, Ch. 644, L. 1987.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 4. Presidential Preference Primary › 13-10-402. Ballot

13-10-402. Ballot.
The regular party primary ballots shall be used for the presidential preference primary election. The presidential section of the ballot shall be placed before any other section, national, state, or local.
History: En. 23-3323 by Sec. 2, Ch. 162, L. 1974; R.C.M. 1947, 23-3323; amd. Sec. 80, Ch. 571, L. 1979; amd. Sec. 5, Ch. 644, L. 1987.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 4. Presidential Preference Primary › 13-10-403. Form of ballot

13-10-403. Form of ballot.
The presidential preference ballot shall list all candidates nominated in accordance with the provisions of this part and shall, in addition, include a presidential ballot position which shall be designated as "no preference" and a blank write-in space.
History: En. 23-3324 by Sec. 3, Ch. 162, L. 1974; R.C.M. 1947, 23-3324; amd. Sec. 81, Ch. 571, L. 1979; amd. Sec. 6, Ch. 644, L. 1987.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 4. Presidential Preference Primary › 13-10-404. Placement of candidate on primary ballot -- methods of qualification -- filing fee

13-10-404. Placement of candidate on primary ballot -- methods of qualification -- filing fee.
(1) Before an individual intending to qualify as a presidential candidate may qualify for placement on the ballot, the individual shall qualify by one or more of the following methods:
(a) The individual has submitted a declaration for nomination that is signed by the candidate or an authorized campaign official to the secretary of state pursuant to 13-10-201(2) and has been nominated on petitions with the verified signatures of at least 500 qualified electors. The secretary of state shall prescribe the form and content of the petition.
(b) The individual has submitted a declaration for nomination to the secretary of state pursuant to 13-10-201, and the secretary of state has determined, by the time that declarations for nomination are to be filed, that the individual is eligible to receive payments pursuant to the federal Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031, et seq.
(2) Except as provided by 13-10-201(3), the individual's declaration for nomination submitted pursuant to subsection (1) of this section must be accompanied by the filing fee set in 13-10-202(3).
History: En. 23-3325 by Sec. 4, Ch. 162, L. 1974; R.C.M. 1947, 23-3325; amd. Sec. 10, Ch. 52, L. 1993; amd. Sec. 2, Ch. 5, L. 1997; amd. Sec. 24, Ch. 242, L. 2011; amd. Sec. 18, Ch. 336, L. 2013; amd. Sec. 2, Ch. 172, L. 2017; amd. Sec. 9, Ch. 368, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 4. Presidential Preference Primary › 13-10-405. Submission and verification of petition

13-10-405. Submission and verification of petition.
Petitions of nomination for the presidential preference primary election and the affidavits of circulation required by 13-27-302 must be presented to the election administrator of the county in which the signatures are gathered at least 1 week before the primary election filing deadline prescribed in 13-10-201(7). The election administrator shall verify the signatures in the manner prescribed in 13-27-303 through 13-27-308 and must forward the petitions to the secretary of state by the filing deadline prescribed in 13-10-201(7).
History: En. 23-3326 by Sec. 5, Ch. 162, L. 1974; amd. Sec. 28, Ch. 342, L. 1977; R.C.M. 1947, 23-3326; amd. Sec. 82, Ch. 571, L. 1979; amd. Sec. 7, Ch. 644, L. 1987; amd. Sec. 4, Ch. 390, L. 1993; amd. Sec. 5, Ch. 292, L. 2009; amd. Sec. 25, Ch. 242, L. 2011; amd. Sec. 19, Ch. 336, L. 2013; amd. Sec. 182, Ch. 49, L. 2015; amd. Sec. 3, Ch. 172, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 4. Presidential Preference Primary › 13-10-406. Repealed

13-10-406. Repealed.
Sec. 11, Ch. 644, L. 1987.
History: En. 23-3327 by Sec. 6, Ch. 162, L. 1974; R.C.M. 1947, 23-3327.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 4. Presidential Preference Primary › 13-10-407. Delegates to national presidential nominating conventions

13-10-407. Delegates to national presidential nominating conventions.
The method of selection of delegates to national presidential nominating conventions is to be set by party rules. The use of the results of the presidential preference primary election by the political parties in their delegation selection systems is discretionary and is to be determined by party rules.
History: En. 23-3328 by Sec. 7, Ch. 162, L. 1974; R.C.M. 1947, 23-3328.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 5. Methods of Nomination Other Than by Primary Election › 13-10-501. Petition for nomination by independent candidates or political parties not eligible to participate in primary election

13-10-501. Petition for nomination by independent candidates or political parties not eligible to participate in primary election.
(1) Except as provided in 13-10-504, nominations for public office by an independent candidate or a political party that does not meet the requirements of 13-10-601 may be made by a petition for nomination.
(2) The petition must contain the same information and the oath of the candidate required for a declaration for nomination.
(3) If a petition is filed by a political party, it must contain the party name and, in five words or less, the principle that the body represents.
(4) The form of the petition must be prescribed by the secretary of state, and the secretary of state shall furnish sample copies to the election administrators and on request to any individual.
(5) Each sheet of a petition must contain signatures of electors residing in only one county.
History: En. Sec. 78, Ch. 368, L. 1969; amd. Sec. 1, Ch. 59, L. 1971; amd. Sec. 1, Ch. 237, L. 1973; R.C.M. 1947, 23-3318(1), (2); amd. Sec. 83, Ch. 571, L. 1979; amd. Sec. 42, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 5. Methods of Nomination Other Than by Primary Election › 13-10-502. Signature requirements for petition

13-10-502. Signature requirements for petition.
(1) The petition for nomination must be signed by electors residing within the state and district or political subdivision in which the officer or officers are to be elected. Each signature line must contain spaces for the signature, post-office address, and printed last name of the signer.
(2) The number of signatures must be 5% or more of the total vote cast for the successful candidate for the same office at the last general election.
(3) If the office sought is a new office or the boundaries of the district or political subdivision in which the election is to be held have changed since the last election for the office, the officer with whom nominations for the office sought are filed shall determine the number of signatures required for a petition of nomination for that office.
History: En. Sec. 78, Ch. 368, L. 1969; amd. Sec. 1, Ch. 59, L. 1971; amd. Sec. 1, Ch. 237, L. 1973; R.C.M. 1947, 23-3318(3), (4); amd. Sec. 84, Ch. 571, L. 1979; amd. Sec. 3, Ch. 537, L. 2001.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 5. Methods of Nomination Other Than by Primary Election › 13-10-503. Filing deadlines

13-10-503. Filing deadlines.
(1) A petition for nomination, the affidavits of circulation required by 13-27-302, and the required filing fee must be filed with the same officer with whom other nominations for the office sought are filed. Petitions must be submitted, at least 1 week before the deadline for filing, to the election administrator in the county where the signer resides for verification and certification by the procedures provided in 13-27-303 through 13-27-306. If sufficient signatures are verified and certified pursuant to 13-10-502, the county election administrator shall file the petition for nomination with the same officer with whom other nominations for the office sought are filed.
(2) Except as provided in 13-10-504, each petition for nomination and the required filing fee must be filed before the scheduled primary election or the filing deadline for the special or general election if a primary election is not scheduled.
History: En. Sec. 78, Ch. 368, L. 1969; amd. Sec. 1, Ch. 59, L. 1971; amd. Sec. 1, Ch. 237, L. 1973; R.C.M. 1947, 23-3318(5); amd. Sec. 85, Ch. 571, L. 1979; amd. Sec. 1, Ch. 437, L. 1983; amd. Sec. 8, Ch. 591, L. 1991; amd. Sec. 5, Ch. 390, L. 1993; amd. Sec. 2, Ch. 458, L. 2007; amd. Sec. 6, Ch. 292, L. 2009; amd. Sec. 20, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 5. Methods of Nomination Other Than by Primary Election › 13-10-504. Independent or minor party candidates for president or vice president

13-10-504. Independent or minor party candidates for president or vice president.
(1) An individual who desires to run for president or vice president as an independent candidate or as a candidate of a party not qualified under 13-10-601 shall file a petition for nomination with the secretary of state 76 days prior to the date of the general election.
(2) The petition and the affidavits of circulation required by 13-27-302 must first be submitted, at least 1 week before the deadline for filing, to the election administrator in the county where the signer resides for verification and certification by the procedures provided in 13-27-303 through 13-27-306.
(3) The petition must have the signatures of electors equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election or 5,000 electors, whichever is less. The names of the candidates for the required number of presidential electors allowable to Montana must be certified to the secretary of state no later than 76 days before the general election.
(4) A qualified independent presidential candidate may amend the petition and designate or choose a named vice presidential candidate until the filing date provided in 13-25-101.
History: En. Sec. 78, Ch. 368, L. 1969; amd. Sec. 1, Ch. 59, L. 1971; amd. Sec. 1, Ch. 237, L. 1973; R.C.M. 1947, 23-3318(6); amd. Sec. 86, Ch. 571, L. 1979; amd. Sec. 6, Ch. 390, L. 1993; amd. Sec. 1, Ch. 193, L. 1999; amd. Sec. 4, Ch. 537, L. 2001.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 5. Methods of Nomination Other Than by Primary Election › 13-10-505. Applicability

13-10-505. Applicability.
The provisions of 13-10-501 through 13-10-504 shall not be used to fill vacancies or to nominate candidates in nonpartisan elections except for nominations to fill a vacancy as provided in 13-25-205.
History: En. Sec. 78, Ch. 368, L. 1969; amd. Sec. 1, Ch. 59, L. 1971; amd. Sec. 1, Ch. 237, L. 1973; R.C.M. 1947, 23-3318(7); amd. Sec. 87, Ch. 571, L. 1979; amd. Sec. 9, Ch. 3, L. 1985.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 5. Methods of Nomination Other Than by Primary Election › 13-10-506. Repealed

13-10-506. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 1, Ch. 6, 2nd Ex. L. 1971; R.C.M. 1947, 23-3318.1.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 5. Methods of Nomination Other Than by Primary Election › 13-10-507. Independent candidates -- association with political parties not allowed

13-10-507. Independent candidates -- association with political parties not allowed.
(1) A person seeking office as an independent candidate may not be associated with a political party for 1 year prior to the submission of the person's nomination petition.
(2) For the purposes of subsection (1), "associated with a political party" means having run for office in Montana as a partisan candidate or having held a public office in Montana or a precinct committee representative office in Montana with a political party designation.
History: En. Sec. 9, Ch. 591, L. 1991; amd. Sec. 43, Ch. 56, L. 2009; amd. Sec. 21, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-601. Parties eligible for primary election -- petitions by minor parties

13-10-601. Parties eligible for primary election -- petitions by minor parties.
(1) Each political party that had a candidate for a statewide office in either of the last two general elections who received a total vote that was 5% or more of the total votes cast for the most recent successful candidate for governor shall nominate its candidates for public office, except for presidential electors, by a primary election as provided in this chapter.
(2) After certification of a petition by the secretary of state under 13-10-610(1), a political party that does not qualify to hold a primary election under subsection (1) shall nominate its candidates for public office by primary election. However, this section may not be construed to prohibit an election administrator from not preparing a primary election ballot pursuant to 13-10-209.
History: En. Sec. 80, Ch. 368, L. 1969; R.C.M. 1947, 23-3320(1); amd. Sec. 88, Ch. 571, L. 1979; amd. Sec. 1, Ch. 368, L. 1981; amd. Sec. 30, Ch. 250, L. 1985; amd. Sec. 1, Ch. 196, L. 1991; amd. Sec. 7, Ch. 390, L. 1993; amd. Sec. 2, Ch. 193, L. 1999; amd. Sec. 13, Ch. 273, L. 2007; amd. Sec. 7, Ch. 292, L. 2009; amd. Sec. 9, Ch. 399, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-602. Use of party name

13-10-602. Use of party name.
(1) Except as provided in subsection (3), a political party and its regularly nominated candidates, members, and officers have the sole and exclusive right to the use of the party name. A candidate for office may not use any word of the name of any other political party or organization other than that by which the candidate is nominated in a manner that indicates or implies the individual is a candidate of the nonnominating party.
(2) An independent or nonpartisan candidate, except as provided in subsection (3), may not use any word of the name of any existing political party or organization in the candidacy in a manner that indicates or implies that the individual is a candidate of that party or organization.
(3) A candidate for an elective office under an elected county official government provided for in 7-3-111 who is running in an election conducted after electors have approved a change pursuant to 7-3-103(4) in the type of election held from partisan to nonpartisan may use a party name or symbol in the candidate's campaign material.
History: En. Sec. 80, Ch. 368, L. 1969; R.C.M. 1947, 23-3320(2), (3); amd. Sec. 44, Ch. 56, L. 2009; amd. Sec. 10, Ch. 368, L. 2017; amd. Sec. 4, Ch. 345, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-603. Repealed

13-10-603. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 80, Ch. 368, L. 1969; R.C.M. 1947, 23-3320(4).
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-604. Nominations for minor parties

13-10-604. Nominations for minor parties.
Any political party that does not qualify under the provisions of 13-10-601 may make nominations for public office as provided in 13-10-501 through 13-10-505.
History: En. Sec. 80, Ch. 368, L. 1969; R.C.M. 1947, 23-3320(5); amd. Sec. 89, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-605. Qualifying minor political parties -- reports required

13-10-605. Qualifying minor political parties -- reports required.
(1) A person who spends or receives money to support or oppose an effort to qualify a minor political party for primary elections using the petitions described in 13-10-606 shall comply with the provisions of Title 13, chapter 37, part 6.
(2) For the purposes of this section, "support or oppose" has the meaning as provided in 13-37-601.
History: En. Sec. 1, Ch. 337, L. 2019; amd. Sec. 10, Ch. 399, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-606. Submission and form of minor party petition

13-10-606. Submission and form of minor party petition.
(1) (a) Any elector may present a petition to the secretary of state to request that a political party that does not qualify to hold a primary election under 13-10-601(1) may qualify to nominate its candidates by primary election.
(b) The petition must be in the form prescribed by the secretary of state.
(2) The petition must be signed by a number of registered voters equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election or 5,000 electors, whichever is less. The number must include the registered voters in at least one-third of the legislative districts equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election in those districts or 150 electors in those districts, whichever is less.
(3) Signed sheets or sections of petitions with original signatures and the affidavits of circulation as provided in 13-10-607 must be submitted to the official responsible for registration of electors in the county in which the signatures were obtained no sooner than 9 months and no later than 4 weeks before the final date for filing the petition with the secretary of state as provided in 13-10-609(2).
(4) (a) An elector may withdraw the elector's signature from a petition under this part until the final submission of petition sheets as provided in subsection (3).
(b) The county election administrator may consider an elector's request for an elector's name to be withdrawn only after verification that the elector requesting to be withdrawn from the petition is the same elector who signed the petition.
History: En. Sec. 1, Ch. 399, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-607. Verification of signatures

13-10-607. Verification of signatures.
An affidavit, in substantially the following form, must be attached to each sheet or section submitted to the county official:
I, (name of person who is the signature gatherer), swear that I/we gathered the signatures on the petition to which this affidavit is attached on the stated dates, that I believe the signatures on the petition are genuine, are the signatures of the persons whose names they purport to be, and are the signatures of Montana electors who are registered at the address or have the telephone number following the person's signature, and that I/we told the signers the contents of the petition before signing they signed the petition.
______________________________________
(Date on which the first signature was gathered)
______________________________________
(Signature of petition signature gatherer)
______________________________________
(Address of petition signature gatherer)
Subscribed and sworn to before me this ___ day of _________, 20__
Seal ______________________________________
(Person authorized to take oaths)
______________________________________
(Title or notarial information)
History: En. Sec. 2, Ch. 399, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-608. Verification of signatures by county -- fraudulent or duplicate signatures

13-10-608. Verification of signatures by county -- fraudulent or duplicate signatures.
(1) The county official shall check the names of all signers to verify they are registered electors. In addition, the official shall check all signatures on each sheet or section and compare them with the signatures of the electors as they appear in the records of the office. A signature may not be counted unless the elector has signed in substantially the same manner as it appears in the records of the office. If the elector is registered with a first and middle name, the use of an initial instead of either the first or middle name, but not both names, need not disqualify the signature. The signature may be counted so long as the signature, taken as a whole, bears sufficient similarity to the signature on the registration form as to provide reasonable certainty of its authenticity.
(2) Upon discovery of fraudulent signatures or duplicate signatures of an elector on any one issue, the election administrator may submit the name of the elector or the signature gatherer, or both, to the county attorney to be investigated under the provisions of 13-10-612 and 13-35-207.
History: En. Sec. 3, Ch. 399, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-609. County official to forward verified sheets

13-10-609. County official to forward verified sheets.
(1) The county official verifying the number of registered electors signing the petition shall forward it to the secretary of state by certified mail with a certificate in substantially the following form attached:
To the Honorable ____________, Secretary of State of the state of Montana:
I, ____________, ___________ (title) of the County of __________, certify that I have examined the attached sheets of the petition to qualify the ____________ political party to nominate its candidates by primary election in the manner prescribed by law; and I believe that ____ (number) signatures in (Legislative Representative District No. ____) (repeat for each district included in sheet or section) are valid; and I further certify that the affidavit of the signature gatherer of the petition is attached.
Signed:______________ (Date) _______________ (Signature)
Seal _________________________ (Title)
(2) The county official verifying the number of registered electors signing the petition shall ensure that it is received by the secretary of state at least 95 days before the date of the primary.
History: En. Sec. 4, Ch. 399, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-610. Certification of minor party petition

13-10-610. Certification of minor party petition.
(1) When a petition containing a sufficient number of verified signatures has been filed and verified with the secretary of state as provided in this part, the secretary of state shall immediately certify that the completed petition qualifies the party to hold a primary election.
(2) If a filed petition does not meet the requirements of this part, the secretary of state shall certify that the political party does not qualify to nominate its candidates for public office by primary election.
(3) If a petition is filed under this part, the secretary of state shall certify the petition under subsection (1) or (2) at least 88 days before the date of the primary.
History: En. Sec. 5, Ch. 399, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-611. Retention of copies by county official

13-10-611. Retention of copies by county official.
The county official certifying the sheets or sections of a petition shall keep a copy of the sheets or sections certified in the official files of the official's office. The copies may be destroyed 3 months after the date the petition was certified unless a court action is pending on the sufficiency of the petition. If a court action is brought within 3 months after the date the petition is certified, the county official may destroy the files only after final disposition of the court action.
History: En. Sec. 6, Ch. 399, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 6. Nominations by Primary Election › 13-10-612. Violations -- penalties

13-10-612. Violations -- penalties.
A person who knowingly makes a false entry on a petition or affidavit under this part or who knowingly signs a petition to qualify the same political party for the same primary election more than once is guilty of unsworn falsification or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-203 or 45-7-208, as applicable.
History: En. Sec. 7, Ch. 399, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 11. Election Proclamation (Repealed) › Part 1. Election Proclamation (Repealed) › 13-11-101. Repealed

13-11-101. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 13, Ch. 368, L. 1969; amd. Sec. 7, Ch. 365, L. 1977; R.C.M. 1947, 23-2901.
2023 Montana Code Annotated › Title 13. Elections › Chapter 11. Election Proclamation (Repealed) › Part 1. Election Proclamation (Repealed) › 13-11-102. Repealed

13-11-102. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 14, Ch. 368, L. 1969; R.C.M. 1947, 23-2902.
2023 Montana Code Annotated › Title 13. Elections › Chapter 11. Election Proclamation (Repealed) › Part 1. Election Proclamation (Repealed) › 13-11-103. Repealed

13-11-103. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 15, Ch. 368, L. 1969; R.C.M. 1947, 23-2903.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 1. Election Supplies › 13-12-101. Copies of election laws to be furnished

13-12-101. Copies of election laws to be furnished.
The secretary of state shall furnish to each election administrator copies of this title sufficient to provide each election precinct in the administrator's county with two copies and to provide a small extra supply for the administrator.
History: (1)En. Sec. 16, Ch. 368, L. 1969; Sec. 23-2904, R.C.M. 1947; (2)En. 23-4794 by Sec. 19, Ch. 480, L. 1975; amd. Sec. 66, Ch. 365, L. 1977; Sec. 23-4794, R.C.M. 1947; R.C.M. 1947, 23-2904, 23-4794; amd. Sec. 90, Ch. 571, L. 1979; amd. Sec. 1, Ch. 121, L. 1983; amd. Sec. 1, Ch. 113, L. 1993.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 1. Election Supplies › 13-12-102. Items to be furnished by election administrators

13-12-102. Items to be furnished by election administrators.
The election administrators shall deliver to each polling place or to the chief election judge for a polling place all supplies necessary to conduct the election at that polling place. If the blank ballots for the polling place are delivered before noon of the day before the election, the election administrator shall retain sufficient ballots to supply electors requesting absentee ballots. The election administrator shall write in the pollbook for that polling place, after the numbers of the ballots retained, "reserved for absentee ballots".
History: Ap.p. Sec. 84, Ch. 368, L. 1969; Sec. 23-3501, R.C.M. 1947; Ap.p. Sec. 4280, Pol. C. 1895; re-en. Sec. 2939, Rev. C. 1907; re-en. Sec. 4515, R.C.M. 1921; Cal. Pol. C. Sec. 4064; re-en. Sec. 4515, R.C.M. 1935; Sec. 16-1156, R.C.M. 1947; R.C.M. 1947, 16-1156, 23-3501; amd. Sec. 91, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 1. Election Supplies › 13-12-103. Repealed

13-12-103. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 85, Ch. 368, L. 1969; R.C.M. 1947, 23-3502.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 1. Election Supplies › 13-12-104. Repealed

13-12-104. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 86, Ch. 368, L. 1969; R.C.M. 1947, 23-3503.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 1. Election Supplies › 13-12-105. Repealed

13-12-105. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 87, Ch. 368, L. 1969; R.C.M. 1947, 23-3504.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-201. Certification of candidate names and ballot issues for general election ballot

13-12-201. Certification of candidate names and ballot issues for general election ballot.
(1) Seventy-five days before a general election, the secretary of state shall certify to the election administrators the name and party or other designation of each candidate who filed with the secretary of state and whose name is entitled to appear on the ballot, subject to 13-37-126, and the ballot issues as shown in the official records of the secretary of state's office.
(2) On certification from the secretary of state's office pursuant to subsection (1), the election administrator shall certify the name and party or other designation of each candidate whose name is entitled to appear on the ballot, subject to 13-37-126, and the ballot issues as shown in the official records of the election administrator's office, and shall have the official ballots prepared.
(3) If a candidate for the legislature is no longer eligible under Article V, section 4, of the Montana constitution to seek the office for which the candidate has filed because the candidate has changed residence, the secretary of state shall notify the candidate that the candidate is required to withdraw as provided in 13-10-325.
History: En. Sec. 100, Ch. 368, L. 1969; R.C.M. 1947, 23-3517(3); amd. Sec. 92, Ch. 571, L. 1979; amd. Sec. 31, Ch. 250, L. 1985; amd. Sec. 4, Ch. 74, L. 1993; amd. Sec. 21, Ch. 414, L. 2003; amd. Sec. 8, Ch. 292, L. 2009; amd. Sec. 183, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-202. Ballot form and uniformity

13-12-202. Ballot form and uniformity.
(1) The secretary of state shall adopt statewide uniform rules that prescribe the ballot form for each type of ballot used in this state. The rules must conform to the provisions of this title unless the voting system used clearly requires otherwise. At a minimum, the rules must address:
(a) the manner in which each type of ballot may be corrected under 13-12-204;
(b) what provisions must be made on the ballot for write-in candidates;
(c) the size and content of stubs on paper ballots, except as provided in 13-19-106(1);
(d) how unvoted ballots must be handled;
(e) how the number of individuals voting and the number of ballots cast must be recorded; and
(f) the order and arrangement of voting system ballots.
(2) The names of all candidates that appear on the face of a ballot must appear in the same font size and style.
(3) Notwithstanding 13-19-106(1) and except as provided in 13-3-208, when the stubs are detached, it must be impossible to distinguish any one of the ballots from another ballot for the same office or issue.
(4) The ballots must contain the name of each candidate whose nomination is certified under law for an office and no other names, except that the names of candidates for president and vice president of the United States must appear on the ballot as provided in 13-25-101(5).
History: En. Sec. 91, Ch. 368, L. 1969; R.C.M. 1947, 23-3508(4); amd. Sec. 93, Ch. 571, L. 1979; amd. Sec. 22, Ch. 414, L. 2003; amd. Sec. 26, Ch. 242, L. 2011; amd. Sec. 3, Ch. 325, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-203. Appearance of candidate's name and party designation on ballot

13-12-203. Appearance of candidate's name and party designation on ballot.
(1) Subject to 13-12-202 and except as provided in 13-10-209 for nonpartisan offices and 13-10-303 for certain other candidates, in partisan elections, candidates' names must appear under the title of the office sought, with the name of the party in not more than three words appearing opposite or below the name.
(2) Subject to 13-12-202, in nonpartisan general elections, the candidates' names must appear under the title of the office sought, with no description or designation appearing with the name unless partisan and nonpartisan offices appear on the same ballot. In such a case, the names of nonpartisan candidates must appear with the word "Nonpartisan".
(3) Except as otherwise provided by this section, information about the candidate other than the candidate's name may not appear on the ballot, including a title, accomplishment, award, or degree.
History: En. Sec. 92, Ch. 368, L. 1969; amd. Sec. 2, Ch. 254, L. 1971; R.C.M. 1947, 23-3509; amd. Sec. 94, Ch. 571, L. 1979; amd. Sec. 23, Ch. 414, L. 2003; amd. Sec. 27, Ch. 242, L. 2011; amd. Sec. 1, Ch. 214, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-204. Method of correction of ballot

13-12-204. Method of correction of ballot.
If an appointment has been made to replace a candidate, as provided in 13-10-326, 13-10-327, or 13-10-328, or if a candidate for lieutenant governor has been advanced to the candidacy for governor, as provided in 13-10-328, after the ballots have been prepared but before the election, the election administrator may:
(1) correct the ballot in a manner consistent with rules adopted under 13-12-202;
(2) have the entire ballot redone; or
(3) have a separate ballot prepared only for the office for which the new candidate is a candidate.
History: En. Sec. 93, Ch. 368, L. 1969; R.C.M. 1947, 23-3510; amd. Sec. 95, Ch. 571, L. 1979; amd. Sec. 3, Ch. 85, L. 1997; amd. Sec. 24, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-205. Arrangement of names -- rotation on ballot

13-12-205. Arrangement of names -- rotation on ballot.
(1) The candidates' names must be arranged alphabetically on the ballot according to surnames under the title of the respective offices and rotated as provided in this section.
(2) (a) If two or more individuals are candidates for nomination or election to the same office, the election administrator shall divide the ballot forms into sets equal in number to the greatest number of candidates for any office. The candidates for nomination to an office by each political party must be considered separately in determining the number of sets necessary for a primary election.
(b) The election administrator shall begin with a form arranged alphabetically and rotate the names of the candidates so that each candidate's name will be at the top of the list for each office on substantially an equal number of ballots. If it is not numerically possible to place each candidate's name at the top of the list, the names must be rotated in groups so that each candidate's name is as near the top of the list as possible on substantially an equal number of ballots.
(c) If the county contains more than one legislative district, the election administrator may rotate each candidate's name so that it will be at or near the top of the list for each office on substantially an equal number of ballots in each house district.
(d) For purposes of rotation, the offices of president and vice president and of governor and lieutenant governor must be considered as a group.
(e) No more than one of the sets may be used in preparing the ballot for use in any one precinct, and all ballots furnished for use in any precinct must be identical.
History: En. Sec. 94, Ch. 368, L. 1969; R.C.M. 1947, 23-3511; amd. Sec. 96, Ch. 571, L. 1979; amd. Sec. 1, Ch. 576, L. 1985; amd. Sec. 25, Ch. 414, L. 2003; amd. Sec. 14, Ch. 273, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-206. Repealed

13-12-206. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 95, Ch. 368, L. 1969; amd. Sec. 28, Ch. 365, L. 1977; R.C.M. 1947, 23-3512.