Title 2, Title 2

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…

(1) The county clerk in each county in which a recall petition is signed shall verify and compare the signatures of each person who has signed the petition to ensure that the person is an elector in that county and, if satisfied that the signatures are genuine, shall certify that…

Upon filing the petition or a portion of the petition containing the number of valid signatures required under 2-16-614, the official with whom it is filed shall immediately give written notice to the officer named in the petition. The notice must state that a recall petition has…

(1) If the officer named in the petition for recall submits a resignation in writing, it must be accepted and become effective 72 hours after it is offered. The vacancy created by the resignation must be filled as provided by law. However, the officer named in the petition for re…

The notice of a recall election shall be in substantially the following form: NOTICE OF RECALL ELECTION Notice is hereby given pursuant to law that a recall election will be held on .......... (Date) for the purpose of voting upon the recall of ............ who holds the office o…

A special election for recall shall be conducted and the results canvassed and certified in the same manner that the law in effect at the time of the election for recall requires for an election to fill the office that is the subject of the recall petition, except as herein other…

(1) The ballot at a recall election must set forth the statement contained in the recall petition stating the reasons for demanding the recall of the officer and the officer's statement of reasons why the officer should not be recalled. The question of whether the officer should …

Expenses of a recall election shall be paid in the same manner as the expenses for any other election. The expenditure of such funds constitutes an emergency expenditure of funds, and the political subdivision affected may fund the costs of such an election through emergency fund…

The officer named in the recall petition continues in office until the officer resigns or the results of the recall election are officially declared. If a majority of those voting on the question vote to remove the officer, the office becomes vacant and the vacancy must be filled…

(1) The department of administration shall determine the space required by state agencies other than the legislature and the legislative space designated in 2-17-108, 2-17-114, and 2-17-802 and the university system and shall allocate space in buildings owned or leased by the sta…

The department of administration may maintain, rent, lease, or construct warehouses.

The department of administration may provide space in the capitol for the use of representatives of the press.

(1) A deductible plan of insurance may be established for use by the state in insuring state buildings and their contents. (2) The administration of this section shall be placed in the department of administration with the cooperation of the insurance commissioner.

(1) Money received by the state as indemnification for damage to state buildings, except buildings procured by the department of transportation by purchase or condemnation for right-of-way purposes, must be deposited in the state special revenue fund. The money is statutorily app…

(1) (a) Prior to the purchase, lease, or rent of space for state agency purposes, the director of the department involved may request the state historic preservation officer to identify existing properties within the geographical area where the space is needed that: (i) are herit…

(1) (a) Legislative space in the capitol and on the capitol complex may not be reduced without the consent of the legislature. The control of the rooms, committee hearing rooms, and offices for legislators and session and exempt legislative staff may not be changed without the pe…

This part may be cited as the "Montana Digital Government Services Act".

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Convenience fee" means a fee charged to recover the costs of providing digital government services. (2) "Costs" means the overall costs that the department may incur to provide digi…

(1) The department shall: (a) provide the ability for state agencies to offer digital government services by providing a reasonable and secure infrastructure; (b) provide a point of entry for digital government services to achieve a single face of government; (c) encourage a comm…

The department may adopt rules to implement this part.

The department of administration shall obtain information necessary to prepare a budget for each biennium for fire protection services for state-owned buildings that present particular firefighting and hazardous materials storage problems. In preparing the budget, the state may c…

(1) The legislative space on the capitol complex includes: (a) in the state capitol: (i) the entire fourth floor, except for common space; (ii) the entire third floor, including the senate and house chambers, except for common space; (iii) the entire first floor, except for the p…

(1) The executive branch space on the capitol complex includes: (a) in the capitol, the entire second floor; (b) the capitol south oval lot, except the five reserved spaces for the legislature; and (c) except as provided for in subsection (2), 10 permanent year-round parking spac…

This part may be cited as the "State Building Construction Loan Act of 2021".

As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) "Building" has the meaning given in 18-2-101. (2) "Financial institution" means a bank as defined in 32-1-102 or other regulated lender as defined in 31-1-111(1) and (2). (3…

(1) If a public agency is otherwise authorized to borrow money by obtaining a loan to finance the construction of one or more of its buildings, the public agency may obtain a state building construction loan in accordance with this part to finance all or a portion of the costs of…