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Montana Statutes, Title 13

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Montana/Statutes

← All Montana coverage

Title 13, Title 13

24 chapters · 578 sections in this title.

All chapters in Title 13578 Ch 37, CONTROL OF CAMPAIGN PRACTICES71 Ch 27, STATEWIDE BALLOT ISSUES60 Ch 35, ELECTION AND CAMPAIGN PRACTICES AND …59 Ch 10, PRIMARY ELECTIONS AND NOMINATIONS40 Ch 1, GENERAL PROVISIONS38 Ch 13, ELECTION PROCEDURE38 Ch 15, CANVASSING, RETURNS, AND CERTIFICATES30 Ch 16, RECOUNTS AND TIE VOTES28 Ch 2, REGISTRATION OF ELECTORS25 Ch 19, MAIL BALLOT ELECTIONS25 Ch 17, VOTING SYSTEMS23 Ch 21, MONTANA ABSENT UNIFORMED SERVICES AN…18 Ch 25, ELECTIONS FOR FEDERAL OFFICE18 Ch 36, CONTESTS16

59 sections·Filtered byTitle 13✕Ch 35✕

Mont. Code Ann. § 13-35-101 Election Code Not To Supersede Criminal Code -- Statute Of Limitations
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(1) The penalty provisions of the election laws of this state are intended to supplement and not to supersede the provisions of the Montana Criminal Code. (2) Unless otherwise provided, the general time limitations for prosecutions for violations of the election laws are those sp…
Mont. Code Ann. § 13-35-102 Trivial Benefits Not Covered By Criminal Provisions
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It is not the intent of the election laws of this state to criminalize activities involving trivial benefits incidental to the campaign process which involve no substantial risk of undermining the election process.
Mont. Code Ann. § 13-35-103 Violations As Misdemeanor
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A person who knowingly violates a provision of the election laws of this state for which no other penalty is specified is guilty of a misdemeanor.
Mont. Code Ann. § 13-35-104 Attempt As A Violation
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An attempt, as defined in 45-4-103, to violate a provision of the election laws of this state is itself a violation of the election laws and is punishable as provided in 45-4-103.

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Mont. Code Ann. § 13-35-105 Aiding And Abetting

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A person who is legally accountable, as provided in 45-2-302, for the conduct of another which violates a provision of the election laws of this state is also guilty of a violation of that provision.

Mont. Code Ann. § 13-35-106 Ineligibility To Hold Office Because Of Conviction

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In addition to all other penalties prescribed by law: (1) a candidate who is convicted of violating any provision of this title, except 13-35-207(9), is ineligible to be a candidate for any public office in the state of Montana until final discharge from state supervision; (2) a …

Mont. Code Ann. § 13-35-107 Voiding Election

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(1) (a) If a court finds that the violation of any provision of this title by any person probably affected the outcome of any election, the result of that election may be held void and a special election held at least 85 days after the finding. (b) If the violation occurred durin…

Mont. Code Ann. § 13-35-108 Powers Of District Court

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In any action brought under the election laws of this state, the appropriate district court may enjoin any person to prevent the doing of any prohibited act or to compel the performance of any act required by the election laws.

Mont. Code Ann. § 13-35-201 Electors And Ballots

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(1) An elector may not show the contents of the elector's ballot to anyone after it is marked. An elector may not place any mark upon the ballot by which it may be identified as the one voted by the elector. (2) An elector may not receive a ballot from any person other than an el…

Mont. Code Ann. § 13-35-202 Conduct Of Election Officials Or Election Workers

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An election official or election worker may not: (1) deposit in a ballot box a paper ballot that is not marked as official; (2) examine an elector's ballot before putting the ballot in the ballot box; (3) look at any mark made by the elector upon the ballot; (4) make or place any…

Mont. Code Ann. § 13-35-203 Interference With Election Officials Or Election Workers

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A person who, in any manner, interferes with the election officials or election workers holding an election or conducting a canvass so as to prevent, obstruct, impair, or hinder the election or canvass from being fairly held and lawfully conducted is guilty of obstruction of a pu…

Mont. Code Ann. § 13-35-204 Official Misconduct

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A person charged with performance of any duty under the provisions of the election laws of this state is guilty of official misconduct and is punishable as provided in 45-7-401 whenever the person: (1) knowingly neglects or refuses to perform that duty; or (2) knowingly and fraud…

Mont. Code Ann. § 13-35-205 Tampering With Election Records And Information

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A person is guilty of tampering with public records or information and is punishable as provided in 45-7-208 whenever the person: (1) suppresses any declaration or certificate of nomination that has been filed; (2) purposely causes a vote to be incorrectly recorded as to the cand…

Mont. Code Ann. § 13-35-206 Injury To Election Equipment, Materials, And Records

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A person is guilty of criminal mischief or tampering with public records and information, as appropriate, and is punishable as provided in 45-6-101 or 45-7-208, as applicable, whenever the person: (1) prior to or on election day, knowingly defaces or destroys any list of candidat…

Mont. Code Ann. § 13-35-207 Deceptive Election Practices

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A person is guilty of false swearing, unsworn falsification, or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-202, 45-7-203, or 45-7-208, as applicable, whenever the person: (1) falsely represents the person's name or other in…

Mont. Code Ann. § 13-35-208 Deception Of Elector

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A person who assists a disabled elector pursuant to 13-1-116, 13-13-118, 13-13-119, or 13-13-229 and who deceives the elector is guilty of a misdemeanor.

Mont. Code Ann. § 13-35-209 Fraudulent Registration

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(1) A person may not knowingly cause, procure, or allow the person to be registered in the official register of any election district of any county knowing that the person is not entitled to the registration. (2) A person may not impersonate another and cause the impersonated per…

Mont. Code Ann. § 13-35-210 Fraudulent Voting Prohibited -- Purposefully Maintaining Multiple Registrations Prohibited

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(1) A person who is not an elector may not vote. (2) An elector may not vote more than once at an election. (3) A person may not, for any election, apply for a ballot in the name of some other person, whether it be the name of a living, dead, or fictitious person. (4) A person or…

Mont. Code Ann. § 13-35-211 Electioneering -- Soliciting Information From Electors

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(1) A person may not do any electioneering at any location where an elector may obtain or vote a ballot, or within 100 feet of any entrance to a building in which an elector may obtain or vote a ballot, during the hours the location is open to obtain or vote a ballot, that aids o…

Mont. Code Ann. § 13-35-213 Preventing Public Meetings Of Electors

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(1) A person who, by threats, intimidations, or violence, willfully hinders or prevents electors from assembling in public meeting for the consideration of public questions is guilty of a misdemeanor. (2) A person who willfully disturbs or breaks up a public meeting of electors o…

Mont. Code Ann. § 13-35-214 Illegal Influence Of Voters

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A person may not knowingly or purposely, directly or indirectly, individually or through any other person, for any election, in order to induce any elector to vote or refrain from voting or to vote for or against any particular candidate, political party ticket, or ballot issue: …

Mont. Code Ann. § 13-35-215 Illegal Consideration For Voting

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A person, directly or indirectly, individually or through any other person, may not: (1) before or during any election, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at the election or for inducing another to do so: (a) receive, agree, or con…

Mont. Code Ann. § 13-35-217 Officers Not To Influence Voter

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An officer, while acting in an official capacity, may not, by menace, reward, or promise of reward, induce or attempt to induce any elector to cast a vote contrary to the elector's original intention or desire.

Mont. Code Ann. § 13-35-218 Coercion Or Undue Influence Of Voters

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(1) A person, directly or indirectly, individually or through any other person, in order to induce or compel a person to vote or refrain from voting for any candidate, the ticket of any political party, or any ballot issue before the people, may not: (a) use or threaten to use an…

Mont. Code Ann. § 13-35-220 Bribing Members Of Political Gatherings

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(1) No person may give or offer a bribe to any officer or member of any legislative caucus, political convention, or political gathering of any kind held for the purpose of nominating candidates for offices of honor, trust, or profit in this state, with intent to influence the pe…

Mont. Code Ann. § 13-35-221 Improper Nominations

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(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 …

Mont. Code Ann. § 13-35-225 Election Materials Not To Be Anonymous -- Notice -- Penalty

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(1) All election communications, electioneering communications, and independent expenditures must clearly and conspicuously include the attribution "paid for by" followed by the name and address of the person who made or financed the expenditure for the communication. The attribu…

Mont. Code Ann. § 13-35-226 Unlawful Acts Of Employers And Employees

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(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 p…

Mont. Code Ann. § 13-35-227 Prohibited Contributions From Corporations And Unions

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(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 est…

Mont. Code Ann. § 13-35-228 Prohibition Of Salary Increase Contribution

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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.

Mont. Code Ann. § 13-35-235 Incorrect Election Procedures Information

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(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 …

Mont. Code Ann. § 13-35-237 Disclaimer On Election Materials Funded By Anonymous Contributors

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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 advo…

Mont. Code Ann. § 13-35-238 Donations -- Prohibition -- Penalty

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(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 in…

Mont. Code Ann. § 13-35-241 Release Of Vote Tally -- Penalty

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(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 …

Mont. Code Ann. § 13-35-242 Political Activity In Public Postsecondary Institution Residence Hall, Dining Facility, Or Athletic Facility -- Prohibition -- Exceptions -- Penalty

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(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 residen…

Mont. Code Ann. § 13-35-250 False Entry On Petition Or Affidavit -- Political Party Petition Signed Twice

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A person who knowingly makes a false entry on a petition or affidavit required by Title 13, chapter 27 or 28, 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 pu…

Mont. Code Ann. § 13-35-251 Physical Prevention Of Obtaining Signatures Or Physical Intimidation Of Signature Gatherers Prohibited

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A person may not knowingly or purposefully physically prevent an individual from obtaining signatures or attempting to obtain signatures on a petition for a statewide or local government ballot issue or physically intimidate another individual when that individual is obtaining or…

Mont. Code Ann. § 13-35-301 Adoption Of Code Of Fair Campaign Practices

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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 …

Mont. Code Ann. § 13-35-302 Candidates To Be Given Opportunity To Subscribe To Campaign Practices Code

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(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…

Mont. Code Ann. § 13-35-401 Short Title

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This part may be referred to as the "Clean Campaign Act".

Mont. Code Ann. § 13-35-402 Fair Notice Period Before Election

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(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 …

Mont. Code Ann. § 13-35-403 Penalties

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A person who violates 13-35-402 is liable in a civil action pursuant to 13-37-128.

Mont. Code Ann. § 13-35-501 Short Title

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This part may be cited as the "Prohibition on Corporate Contributions and Expenditures in Montana Elections Act".

Mont. Code Ann. § 13-35-502 Findings

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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 c…

Mont. Code Ann. § 13-35-503 Policy

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(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 …

Mont. Code Ann. § 13-35-504 Promotion Of Policy By Elected Or Appointed Officials

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(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) establ…

Mont. Code Ann. § 13-35-601 Short Title

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This part may be cited as the "Montana Third-Party Voter Registration Integrity Act".

Mont. Code Ann. § 13-35-602 Definitions

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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…

Mont. Code Ann. § 13-35-603 Prohibitions Concerning Mailings

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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.

Mont. Code Ann. § 13-35-604 Return Of Voter Registration And Absentee Ballot Applications

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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.