Title 13, Title 13

(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…

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.

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.

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.

(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 o…

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 d…

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 de…

(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 filing a declaration of intent and paying the filing fee in accordance with 13-10-201 and by circula…

(1) The petition for nomination must be signed by active electors as defined in 13-1-101 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 addr…

(1) (a) A petition for nomination and the affidavits of circulation required by 13-27-302 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 …

(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 …

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.

(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 …

(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 of…

(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 organi…

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.

(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, "su…

(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 b…

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 sta…

(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 s…

(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…

(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.…

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 pendin…

The secretary of state shall adopt rules to implement the provisions of this part.

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.

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 elec…

(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 13-3…

(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 …

(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 appe…

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 elec…

(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 el…

(1) The order on the ballot for state and federal offices must be as follows: (a) If the election is in a year in which a president of the United States is to be elected, in spaces separated from the balance of the party tickets by a line must be the names and spaces for voting f…

(1) The election administrator shall provide each election precinct with sufficient ballots for the electors registered, plus an extra supply to cover spoiled ballots. (2) The election administrator shall keep a record in the administrator's office showing the exact number of bal…

Each election administrator shall provide the official ballots for every election conducted by the election administrator. A ballot other than an official ballot may not be cast or counted in any election.

The election administrator may have sample ballots printed in a number sufficient to answer requests from the political parties, schools, and electors. Sample ballots must be duplicates of the official ballots but must be clearly distinguishable from official ballots and may not …

(1) The election judges shall meet at their assigned polling places at the time set by the election administrator. The judges shall take and subscribe the official oath prescribed by the constitution. They may administer the oath to each other. The judges shall check all supplies…

(1) The election administrator shall provide a sufficient number of voting stations to allow voting to proceed with as little delay as possible. (2) Voting stations must be arranged in a manner that will not permit any other individual to see how the elector votes or has voted. (…

(1) Except as provided in subsection (3), instructions for electors on how to prepare their ballots or use a voting system must be posted in each voting station provided for the preparation of ballots. (2) The instructions must be in easily read type, 18 point or larger, and expl…

(1) Warning notices must be posted in conspicuous places in the polling place. Each notice must be headed "WARNING" in large letters and must state: "The sections of law printed below list specific conduct or actions which may cause an elector to be subject to criminal prosecutio…

(1) (a) Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name that is current, valid, and readable: (i) a Montana driver's license, Montana state identific…

The election administrator in each precinct shall use a precinct register, pollbook, or some other method to record the number of individuals voting and the number of ballots cast that conforms to the method prescribed by the secretary of state in accordance with rules adopted pu…

(1) Before delivering a paper ballot to an elector, the election judges shall ensure that the words "official ballot" are printed on the ballot without part of the mark appearing on the stub, if any. (2) Each elector must receive from the election judges one of each type of ballo…

(1) (a) After marking the precinct register pursuant to 13-13-115 and receiving a ballot, an elector shall immediately retire to a voting station and prepare the elector's ballot in the manner prescribed in the instructions provided pursuant to 13-13-112. (b) An elector who spoil…

(1) An elector able to come to the premises where a polling place is located but unable to enter the polling place because of a disability may contact the election administrator prior to coming to the premises and request that a ballot be delivered to the elector outside the buil…

(1) A disabled elector may request assistance in marking the elector's ballot. (2) If the elector has not designated an agent: (a) the election judges shall require a declaration of disability by the elector. The declaration must be made under oath, which must be administered by …

(1) The election judges shall permit one poll watcher from each political party to be stationed close to the poll lists in a location that does not interfere with the election procedures. At the time when each elector signs the elector's name, one of the election judges shall pro…