Title 2, Title 2

Except as provided in 10-1-1008, an officer mentioned in 2-16-111(1) or an officer appointed by the governor and confirmed by the senate may not be absent from the state for more than 60 consecutive days unless on business of the state or with the consent of the legislature.

(1) Each of the executive and state officers of the state must have a seal. Such seal must contain the same representations and motto as is found on the great seal and must be 2 inches in diameter, surrounded by the words "State of Montana" (giving the title of the office, "Secre…

(1) As used in this section, the following definitions apply: (a) "Authorized officer" means any official of this state or any of its departments, agencies, public bodies, or other instrumentalities or any of its political subdivisions whose signature to a public security or inst…

When an officer discharges ex officio the duties of an office other than that to which the officer is elected or appointed, the officer's official signature and attestation, except as otherwise provided by law, must be in the name of the office of which the officer discharges the…

Every executive, state, and judicial officer may administer and certify oaths.

(1) Unless otherwise provided by law, state executive branch offices must be open for the transaction of business continuously from 8 a.m. until 5 p.m. each day except on Saturdays, Sundays, and the holidays specified in 1-1-216(1)(a) through (1)(k). State executive branch office…

The mode of election of the governor, lieutenant governor, secretary of state, state auditor, attorney general, and superintendent of public instruction is prescribed by the constitution.

(1) When the title of the incumbent of any office in this state is contested by proceedings instituted in any court for that purpose, a warrant may not be drawn or paid for any part of the incumbent's salary until the proceedings have been finally determined. (2) As soon as the p…

Every officer, the mode of whose appointment is not prescribed by the constitution or statutes, must be appointed by the governor by and with the advice and consent of the senate.

(1) The governor shall commission: (a) all officers elected by the people whose commissions are not otherwise provided for; (b) all officers of the militia; (c) all agency heads appointed by the governor with consent of the senate; (d) United States senators. (2) The commissions …

The commissions of all other officers, where no special provision is made by law, must be signed by the presiding officer of the body or by the person making the appointment.

(1) Members of the legislature and all officers, executive, ministerial, or judicial, must, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, protect, and defe…

(1) Unless a different time is prescribed by law, the oath of office must be taken, subscribed, and filed within 30 days after the officer has notice of election or appointment or before the expiration of 15 days from the commencement of the term of office when a notice of electi…

(1) An office for which the duration is not fixed by law is held at the pleasure of the appointing authority. (2) An officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified. (3) Notwithstanding the provisions of…

As used in Article IV, section 8, of the Montana constitution, "current term" means the term served after regular election to a full term to an office and does not include time served in an appointed or an elected capacity in an office to finish the term of the original incumbent…

(1) All assistants, deputies, and other subordinate officers whose appointments are not otherwise provided for must be appointed by the officer or body to whom they are respectively subordinate. (2) When the number of such deputies or subordinate officers is not fixed by law, it …

Deputies must within 10 days after receiving notice of their appointment take and file an oath in the manner required of their principals.

In all cases not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of the principal.

Prior to June 30 of each even-numbered year, the department of administration shall conduct a salary survey of justices and chief justices of the highest appellate courts similar to the Montana supreme court for the states of North Dakota, South Dakota, Wyoming, and Idaho. The de…

(1) The salaries paid to the following elected officials are determined as provided in subsection (2): (a) governor; (b) lieutenant governor; (c) attorney general; (d) state auditor, ex officio commissioner of securities and insurance; (e) superintendent of public instruction; (f…

(1) The salary of each officer is for all services that are required of the officer or that may be assigned to the office by law, including all services rendered ex officio as a member of any board, commission, or committee, but may not include actual necessary travel, lodging, a…

An office becomes vacant on the occurrence of any one of the following events before the expiration of the term of the incumbent: (1) the death of the incumbent; (2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent suffers from a mental disorder and is…

Resignations must be in writing, must stipulate an effective date, and must be submitted as follows: (1) by the governor and lieutenant governor, to the legislature if it is in session and, if not, then to the secretary of state; (2) by all officers commissioned by the governor, …

Whenever an officer is removed, committed pursuant to 53-21-127, or convicted of a felony or offense involving moral turpitude or a violation of the officer's official duty or whenever the officer's election or appointment is declared void, the body, judge, or officer before whom…

(1) When an incumbent in the office of lieutenant governor, secretary of state, attorney general, auditor, or superintendent of public instruction is found to be permanently unable to perform the functions of the position, a vacancy exists. (2) When a written declaration, made as…

A vacancy in the office of the secretary of state, state auditor, attorney general, clerk of the supreme court, or superintendent of public instruction must be filled by a person appointed by the governor. The appointee holds office until the first Monday in January after the nex…

(1) When any office becomes vacant and no mode is provided by law for filling the vacancy, the governor shall fill the vacancy by appointing a qualified person to fill the unexpired term of the person whose office became vacant. (2) If the legislature or one house of the legislat…

A person elected or appointed to fill a vacancy, after filing the official oath and bond, possesses all the rights and powers and is subject to all the liabilities, duties, and obligations as if the person had been elected to the office for a full term.

(1) If the offices of both the governor and the lieutenant governor become vacant, the president of the senate shall become governor and shall appoint a lieutenant governor. (2) If the president of the senate is unable to assume the office of governor, the speaker of the house sh…

(1) If neither the president of the senate nor the speaker of the house of representatives is able to assume the office of governor, the legislature, meeting in joint session, shall elect a governor and a lieutenant governor. (2) When the speaker of the house becomes governor, th…

(1) If, because of an enemy attack upon the United States, the governor, lieutenant governor, president pro tempore of the senate, and speaker of the house are killed or rendered unable to serve as governor, the senior member of the legislature shall act as governor. (2) The seni…

The successor to the governor and the lieutenant governor shall serve until the next general election and shall have all the powers, duties, and emoluments of the respective offices.

(1) If both the governor and lieutenant governor are unable to serve as governor, the president of the senate shall become acting governor until the governor or lieutenant governor is able to resume the duties of the office. (2) If the president of the senate is unable to become …

(1) Every provision of the laws of this state in relation to the powers and duties of the governor and in relation to acts and duties to be performed by others toward the governor extends to the persons performing for the time being the duties of governor. (2) An acting governor …

This part shall be cited as the "Montana Recall Act".

As used in this part, the following definitions apply: (1) "Political subdivision" means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school dist…

(1) Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office. (2) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for the electi…

The recall is cumulative and additional to, rather than a substitute for, other methods for removal of public officers.

(1) A person who is a qualified elector of this state may sign a petition for recall of a state officer. (2) A person who is a qualified elector of a district of the state from which a state-district officer is elected may sign a petition for recall of a state-district officer of…

(1) A recall petition may not name more than one officer to be recalled. (2) A recall petition against an officer may not be approved for circulation, as required in 2-16-617(3), until an officer has held office for 2 months. (3) A recall petition may not be filed against an offi…

(1) Recall petitions for elected or appointed state officers must contain the signatures of qualified electors equaling at least 10% of the number of persons registered to vote at the preceding state general election. (2) A petition for the recall of a state-district officer must…

(1) Recall petitions for elected officers shall be filed with the official who is provided by law to accept the declaration of nomination or petition for nomination for such office. Recall petitions for appointed state officers shall be filed with the secretary of state and for a…

(1) The form of the recall petition must be substantially as follows: WARNING A person who knowingly signs a name other than the person's own to this petition, who signs the person's name more than once upon a petition to recall the same officer at one election, or who is not, at…

(1) The signatures on each petition must be placed on sheets of paper known as circulation sheets. Each circulation sheet must be substantially 8 1/2 x 14 inches or a continuous sheet may be folded so as to meet this size limitation. The circulation sheets must be ruled with a ho…

The forms prescribed in this part are not mandatory, and if substantially followed, the petition shall be sufficient, notwithstanding clerical and merely technical errors.

(1) Signed circulation sheets or sections of a petition for recall must be submitted to the officer responsible for registration of electors in the county in which the signatures were obtained within 3 months of the date the form of the petition was approved under 2-16-617. (2) A…