Title 5, Title 5

A member of the commission may not run for election to a legislative seat within 2 years after the districting and apportionment plan in which the commissioner participated becomes effective.

The executive director of the legislative services division, under the direction of the commission, shall provide the technical staff and clerical services that the commission needs to prepare its districting and apportionment plans.

Upon request state agencies shall cooperate with the commission and furnish technical assistance and consulting personnel.

(1) Before the commission files its final congressional redistricting plan with the secretary of state, the commission shall hold at least one public hearing on it. (2) Before the commission submits its legislative redistricting plan to the legislature, it shall hold at least one…

The commission shall submit its legislative redistricting plan to the legislature by the 10th legislative day of the first regular session after its appointment or after the census figures are available.

Within 30 days after the commission submits its legislative redistricting plan to the legislature, the legislature shall return the plan to the commission with its recommendations.

(1) Within 90 days after the official final decennial census figures are available, the commission shall file its final plan for congressional districts with the secretary of state and it shall become law. (2) Within 30 days after receiving the legislative redistricting plan and …

(1) Subject to federal law, legislative and congressional districts must be established on the basis of population. (2) In the development of legislative districts, a plan is subject to the Voting Rights Act and must comply with the following criteria, in order of importance: (a)…

As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) "Center" means the state census and economic information center established in 90-1-109. (2) "Department" means the department of corrections established in 2-15-2301. (3) "…

(1) Within 6 months of July 1, 2023, the department shall collect and maintain an electronic record of the last known address and other demographic data for an individual entering the department's custody. The record must include but is not limited to: (a) the individual's last k…

(1) By May 1 of each year in which the federal decennial census is taken and in which the United States census bureau allocates incarcerated individuals as residents of a state prison, the department shall deliver to the center: (a) a unique identifier not including the name or o…

The center shall request from each federal correctional facility located in Montana a report that includes the information listed in 5-1-203(1).

(1) The center shall prepare redistricting population data that reflects an incarcerated individual at the individual's last known address pursuant to 5-1-206. (2) The districting and apportionment commission shall use the data to form congressional, state house, or state senate …

(1) For each individual included in a report received under 5-1-203 or 5-1-204, the center shall determine the geographic units for which population counts are reported in the federal decennial census that contain the state prison or federal correctional facility in which the ind…

The legislature consists of senators and representatives elected from the several senatorial and representative districts of the state in the number specified by law.

The term of office of a senator is 4 years or until a successor is elected and qualified, and the term of office of a representative is 2 years or until a successor is elected and qualified. The term of service begins on the first Monday of January following the election. If a se…

Each regular session of the legislature shall be convened at the seat of government at 12 noon on the first Monday of January of each odd-numbered year or, if January 1 is a Monday, on the first Wednesday. The legislature shall meet at other times when convened by the governor or…

(1) A member of the legislature may not, during the term for which the member was elected, be appointed to any civil office under the state. A member of the legislature may become a candidate for public office during the legislator's term. (2) A member of the legislature who is e…

(1) As used in this section, "facsimile signature" means a reproduction of the manual signature of a legislator by engraving, imprinting, stamping, facsimile transmission, or other means. (2) On state documents requiring a signature, a legislator may use a facsimile signature in …

(1) The legislature has standing to sue or defend a lawsuit on behalf of the legislature in the courts of this state when: (a) a challenge to the constitutionality of legislation enacted by the legislature is at issue in a lawsuit; or (b) (i) legislation enacted is not being impl…

(1) The legislature finds that: (a) proper interpretation and administration of the constitution and legislative enactments and referendums of the state are matters of great public interest and significant importance; (b) an individual legislator in the legislator's capacity as t…

Not later than December 1 of each year following an election when members of the legislature are elected, the parties of each house of the legislature shall hold a presession caucus for holdover senators, senators-elect, and representatives-elect. The purpose of the caucus of eac…

(1) Members of the legislature nominated to leadership positions during the presession caucus provided for in 5-2-201 and members nominated or appointed to the committee on committees and rules committees may meet and perform necessary organizational tasks prior to the regular se…

(1) Members of the legislature attending the presession caucus, provided for in 5-2-201, and legislative orientation and training are entitled to receive compensation and expenses as provided in 5-2-302. The legislative services division shall place the members on the payroll ros…

(1) Each legislator is entitled to an allowance or stipend of $3,000 in a biennium for providing constituent services and authorized activities related to serving in the legislature. A legislator shall elect between receiving an allowance or a stipend before receiving a payment u…

(1) Except as provided in 5-2-202, 5-12-501 through 5-12-504, and subsections (2) and (3) of this section, a standing committee of the legislature, as provided for in legislative rules, may not meet during the interim between regular legislative sessions. (2) Upon approval of the…

The secretary of state shall prepare certified rosters from the official election records on file in the secretary of state's office for use in the organization of the senate and house of representatives.

At 12 noon on the day appointed for the meeting of any regular session of the legislature, the senior member present must take the chair, call the senators and senators-elect to order, call over the senators from the certified roster prepared by the secretary of state, and then, …

At the time specified in 5-2-212, the secretary of state or, in case of the secretary of state's absence or inability, the senior member-elect present shall take the chair, call the members-elect of the house of representatives to order, and then, from the certified roster prepar…

An entry of the oath taken by the members of the legislature must be made on the journals of the proper houses, respectively.

In all elections of officers of either branch of the legislature, a majority of all the votes given is necessary to a choice.

If there is a tie vote for the purposes of organizing the senate or the house of representatives then, for the purposes of organization, the political party's candidate for president of the senate or speaker of the house then having a member of that candidate's party as the gover…

(1) The officers of the senate include a president, a president pro tempore, a majority leader, a minority leader, a majority whip, and a minority whip. (2) The officers of the house of representatives include a speaker, a speaker pro tempore, a majority leader, a minority leader…

The president and president pro tempore of the senate and the speaker and speaker pro tempore of the house of representatives may administer the oath of office to any senator or representative and to the officers and employees of their respective bodies. The officers and employee…

(1) For the legislators serving in the legislative session beginning in January 2027, the salary of each legislator must be determined by multiplying 80% times the average hourly wage for the state of Montana, all industry types, posted by the United States bureau of labor statis…

When the legislature is not in session, a member of the legislature, while engaged in authorized interim, interim budget, or administrative committee legislative business or as otherwise provided by law, and with prior authorization of the appropriate funding authority, is entitl…

(Subsection (2)(c) effective on occurrence of contingency) Participation in state benefits group -- employer contribution made to other plan. (1) Individual members of the senate and the house of representatives may enroll in the state employees benefits group during the terms to…

(1) The purpose of this section is to allow a person who is elected or appointed to the Montana legislature and who is also a member of a retirement system provided for in Title 19, chapter 3, 5, 6, 7, 8, 9, 13, 20, or 21, by virtue of the person's nonlegislative employment to co…

(1) As used in 5-2-406, "term" means the 4-year period to which a senator is normally elected in the absence of a vacancy. (2) For the purposes of this part, "vacancy" or "vacancies" has the same meaning as prescribed in 2-16-501.

(1) Except as provided in subsection (5) or as otherwise provided by law, whenever a vacancy occurs in the legislature, the vacancy must be filled by appointment by the board of county commissioners or, in the event of a multicounty district, the boards of county commissioners of…

(1) Whenever an appointee's predecessor served as a member of a political party, the appointee named under 5-2-402 must be a member of the same political party and must be selected from a list of three individuals provided: (a) by the county central committee in a district within…

In the event that a decision cannot be made by the appointing board because of failure of any candidate to receive a majority of the votes, the final decision may be made by lot from the first and second lists of candidates as provided by 5-2-403 or from a list of three individua…

(1) Whenever a vacancy occurs in the house of representatives, the appointee shall serve until the end of the term to which the predecessor was elected. (2) Whenever a vacancy occurs in the senate, the appointee shall serve until a successor can be elected as provided in 5-2-406.

(1) Whenever a vacancy occurs 85 days or more before the general election held during the second year of the term, an individual must be appointed pursuant to 5-2-402. The appointment continues until a person is elected to complete the term at the upcoming general election and is…

(1) Whenever it appears that a vacancy will exist in the legislature because of the inability of an elected legislator to take office at the commencement of the term to which the legislator was elected, an appointee may be selected in advance of the commencement of the term under…

It is the public policy of this state and the purpose of this part: (1) to create a structure of the legislative branch of state government that is efficient and responsive to the needs of the people of this state and is sufficiently flexible to meet changing conditions; (2) to s…