HOUSE BILL NO. 469

INTRODUCED BY M. BRAINARD

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATING TO ELECTIONS AND ELECTED PUBLIC OFFICEHOLDERS; DELETING ELECTION DAY AS A STATE HOLIDAY AND PROVIDING THAT THE DAY BEFORE CHRISTMAS DAY IS A STATE HOLIDAY; PROHIBITING A NONPARTISAN CANDIDATE FROM ASSOCIATING WITH A POLITICAL PARTY OR A PARTISAN OFFICE; PROHIBITING POLITICAL PARTIES FROM SUPPORTING NONPARTISAN CANDIDATES; SPECIFYING CONDITIONS FOR PLACEMENT OF POLITICAL ADVERTISING SIGNS ON CERTAIN PROPERTY; PROHIBITING AN ELECTED PUBLIC OFFICEHOLDER FROM MAKING PUBLIC SERVICE ANNOUNCEMENTS UNDER CERTAIN CONDITIONS; PROVIDING PENALTIES; AND AMENDING SECTIONS 1-1-216 AND 60-6-101, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 1-1-216, MCA, is amended to read:

"1-1-216. Legal holidays and business days. (1) The following are legal holidays in the state of Montana:

(a) each Sunday;

(b) New Year's Day, January 1;

(c) Martin Luther King Jr. Day, the third Monday in January;

(d) Lincoln's and Washington's birthdays, the third Monday in February;

(e) Memorial Day, the last Monday in May;

(f) Independence Day, July 4;

(g) Labor Day, the first Monday in September;

(h) Columbus Day, the second Monday in October;

(i) Veterans' Day, November 11;

(j) Thanksgiving Day, the fourth Thursday in November;

(k) the day before Christmas Day, December 24;

(l) Christmas Day, December 25.

(2) If any of the above-enumerated holidays (except Sunday) fall upon a Sunday, the Monday following is a holiday. All other days are business days."

NEW SECTION. Section 2. Association of nonpartisan candidate with political party prohibited -- penalty -- definition. (1) An individual seeking office as a nonpartisan candidate may not be associated with a political party for 1 year prior to the submission of the candidate's nomination petition.

(2) An individual holding a nonpartisan office may not run for election to another office as a partisan candidate without first resigning the nonpartisan office.

(3) An individual who violates subsection (1) or (2) is guilty of a misdemeanor and on conviction shall be punished as provided by law.

(4) For the purposes of subsection (1), "associated with a political party" means having run for office as a partisan candidate or having held an office with a political party designation.

NEW SECTION. Section 3. Political parties not to support nonpartisan candidates -- penalty -- definition. (1) A person may not, on behalf of a political party and in the course of a nonpartisan election campaign governed by this chapter:

(a) contribute money to a nonpartisan candidate, another individual, or political committee, for the purposes of support of or opposition to a nonpartisan candidate;

(b) expend money for the support of or opposition to a nonpartisan candidate in an election;

(c) prepare, distribute, or pay for campaign literature, signs, or other political advertising to be used in support of or opposition to a nonpartisan candidate; or

(d) otherwise intentionally indicate support for or opposition to the election of a nonpartisan candidate.

(2) A person who violates subsection (1) is guilty of a misdemeanor and on conviction shall be punished as provided by law.

(3) As used in this section, "political advertising" means any broadcast or printed media.

NEW SECTION. Section 4. Conditions for placement of campaign sign on certain property -- penalty -- definitions. (1) An election campaign sign may not be placed upon private property without the written approval of the owner or manager of the private property.

(2) An election campaign sign may not encroach upon a public highway unless the election campaign sign is attached to a fence or other fixture located upon private property and the election campaign sign extends no more than 12 inches into the public highway right-of-way.

(3) A person who violates subsection (1) or (2) is guilty of a misdemeanor and on conviction shall be punished as provided by law.

(4) The following definitions apply to this section:

(a) "Election campaign sign" means a sign, banner, marker, or other device indicating support for or opposition to a candidate or ballot issue in an election.

(b) "Highway" has the meaning provided in 60-1-103.

(c) "Private property" means real estate or a fixture on that real estate owned by a person other than a state or local government entity.

(d) "Written approval" means approval in writing, for the placement of an election campaign sign, that:

(i) clearly indicates an expression of approval for the placement of an election campaign sign;

(ii) is signed by the owner or manager of the private property on which the election campaign sign is placed; and

(iii) contains a printed or typewritten:

(A) spelling of the name of the owner or manager and the address and telephone number of the owner or manager;

(B) indication of whether the person signing the approval signs as an owner or manager; and

(C) address of the private property on which the election campaign sign may be placed.

NEW SECTION. Section 5. Use of public funds for purposes of public service announcements prohibited -- exception -- penalty. (1) An individual who holds an elective public office may not use money appropriated to that office, or to any other public office, for the purpose of an appearance in a public service announcement in broadcast or print media.

(2) Subsection (1) does not prohibit an individual holding an elective public office from appearing in the broadcast or print media if, during the time of that appearance, the individual receives no compensation for that time or uses personal or other leave provided by law.

(3) An individual who violates subsection (1) is guilty of a misdemeanor and upon conviction shall be punished as provided by law.

(4) As used in this section, "public service announcement" means a statement, planned at least 8 hours in advance by the officeholder for use in the printed or broadcast media, concerning some aspect of the officeholder's duties or performance of those duties as an officeholder and printed or broadcast at no expense to the officeholder.

Section 6. Section 60-6-101, MCA, is amended to read:

"60-6-101. Highway encroachments -- immediate removal. (1) Except as provided in [section 4], if any highway under the jurisdiction of the commission is encroached upon by a fence, building, structure, sign, marker, mailbox, newspaper delivery box, or other obstruction, the department may give notice in writing to the person erecting or maintaining the encroachment requiring that the encroachment be removed.

(2) The department shall adopt rules pertaining to the accommodation of mailboxes and newspaper delivery boxes on public highway rights-of-way. The rules must ensure that the location and construction of mailboxes and newspaper delivery boxes conform to the rules and regulations of the U.S. postal service.

(3) Except as provided in [section 4], if the encroachment obstructs and prevents the use of the highway for vehicles, the department may immediately remove the encroachment without the notice required by 60-6-102."

NEW SECTION. Section 7. Codification instruction. (1) [Sections 2 and 3] are intended to be codified as an integral part of Title 13, chapter 14, and the provisions of Title 13, chapter 14, apply to [sections 2 and 3].

(2)[Sections 4 and 5] are intended to be codified as an integral part of Title 13, chapter 37, and the provisions of Title 13, chapter 37, apply to [sections 4 and 5].

NEW SECTION. Section 8. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

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