Senate Bill No. 25
Introduced By jergeson
A Bill for an Act entitled: An Act clarifying the term of office for certain appointees to fill vacant elected positions; amending section
7-4-2206, MCA; and providing an immediate effective date.
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 7-4-2206, MCA, is amended to read:
"7-4-2206. Vacancies. (1) For the purposes of this part, "vacancy" has the same meaning as prescribed in 2-16-501.
(2) Vacancies in all county offices, except that of county commissioner,
shall must be filled by appointment by the board
of county commissioners. Except as provided in subsections (3) through (5) for the justice of the peace, the appointee shall
hold his the office, if elective, until the person elected at the next general election is certified pursuant to 13-15-406. unless
otherwise provided in subsection (3) or (4), and if If the office is not elective, the appointee serves at the pleasure of the
(3) Whenever a vacancy occurs 75 days or more before the general election held during the second year of the term, an
shall must be elected to complete the term at that general election. The election procedure to be used to elect the
successor is as follows:
(a) Whenever the vacancy occurs 75 days or more before the primary election during the second year of the term, the same
shall must be utilized used as is used to elect a person to that office for a full 4-year term.
(b) Whenever the vacancy occurs after the 75th day
preceding before the primary election, any political party desiring to
enter a candidate in the general election shall select a candidate as provided in 13-38-204. A political party shall notify the
clerk and recorder of the party nominee. A person desiring to be a candidate as an independent shall follow the procedures
provided in 13-10-501 and 13-10-502. The petition for an independent candidate shall must be filed with the clerk and
recorder on or before the 75th day prior to before the general election. A candidate for a nonpartisan office shall file as
provided in Title 13, chapter 14.
(4) Whenever a vacancy occurs after the 75th day
preceding before the general election held during the second year of the
term, the person appointed by the commissioners under 7-4-2206(2) subsection (2) shall serve until the end of the term.
(5) Vacancies occurring in the office of justice of the peace
shall must be filled as provided in Title 3, chapter 10, part 2."
Section 2. Effective date. [This act] is effective on passage and approval.