Title 13, Title 13

The secretary of state shall send a certified copy of all statewide ballot issues that have been approved by a majority of those voting on the issue and a copy of the statement of the canvass to the legislative services division at the same time that a certified copy of the state…

If a legal action is filed challenging the validity of a petition, the secretary of state shall immediately notify the person who submitted the proposed statewide ballot issue.

(1) If the proponents of a statewide ballot issue believe that the ballot statements approved by the attorney general do not satisfy the requirements of 13-27-212 or 13-27-213 or believe that the attorney general was incorrect in determining that the petition was legally deficien…

(1) Any qualified elector may, within 30 days after the date on which the issue was certified to the governor, file an action in the district court in the county of residence of the qualified elector contesting the certification of a statewide ballot issue for illegal petition si…

A person who knowingly makes a false entry upon a petition or affidavit required by this chapter or who knowingly signs a petition to place the same issue on the ballot at the same election more than once is guilty of unsworn falsification or tampering with public records or info…

The right of the people to exercise the rights of initiative and referendum in a local government unit is guaranteed by Article XI, section 8, of the Montana constitution and may be exercised through adherence to the procedures established in this chapter.

As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply: (1) "Local government" means any city, town, county, or consolidated city-county. (2) "Local government's next election held in accordance with Title 13, chapter 1, part 4," …

A petition provided for in part 2 of this chapter or a resolution provided for in 13-28-301 for an election must: (1) embrace only a single comprehensive subject; (2) set out fully the ordinance sought, the ordinance to be amended and the proposed amendment, or the ordinance to b…

If a majority of people voting on the question of a local government ballot issue conducted pursuant to this chapter approve the proposal, the local government ballot issue becomes effective when the election results are officially declared, unless otherwise stated in the proposa…

(1) Except as provided in 7-5-131, the electors of a local government may, by petition, request an election on whether to enact, repeal, or amend an ordinance. (2) Except as provided in 13-28-206(3), a petition under this part signed by at least 15% of the local government's qual…

(1) A local government petition must be substantially in the form provided by this part. Clerical or technical errors that do not interfere with the ability to judge the sufficiency of signatures on the petition do not render a petition void. (2) (a) Petition sheets may not excee…

An affidavit, in substantially the form provided in 1-6-105 or in the following form, must be attached to each petition sheet or petition section submitted to the county official: I, (name of person who is the signature gatherer), swear that I gathered the signatures on the petit…

(1) A petition approved as to form may not be circulated for the purpose of signature gathering more than 1 year prior to the final date for filing the signed petition with the county election administrator. (2) A local government petition may be signed only by a qualified electo…

(1) The governing body of the local government may, within 60 days of receiving the petition, take the action called for in the petition. If the action is taken, the question need not be submitted to the electors. If the county election administrator has already certified the bal…

(1) Signed sheets or sections of petitions with original signatures must be: (a) collected and filed with the official responsible for the registration of electors in the county in which the signatures were obtained within 90 days of the date of the notice that the petition was a…

(1) If an approved petition containing sufficient signatures is filed prior to the ordinance's effective date or within 60 days after the passage of the ordinance, whichever is later, a petition requesting an election on whether to amend or repeal the ordinance delays the ordinan…

(1) A governing body of a local government may refer an existing or proposed ordinance to a vote of the people by resolution. (2) Unless otherwise provided by law, an ordinance referred to a vote of the people by the governing body of a local government must comply with the state…

(1) The governing body of the local government may direct that a suit be brought in district court by the local government to determine whether the proposed action is valid and constitutional. The suit must be initiated within 14 days of the date a petition is approved as to form…

(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…

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.

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.

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.

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.

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 …

(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…

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.

(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…

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…

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…

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…

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…

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…

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…

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.

(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…

(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…

(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…

(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…

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: …

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…

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.

(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…

(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…

(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 …

(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…

(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…