AN ACT REVISING THE REQUIREMENTS FOR NOMINATION OF CERTAIN CANDIDATES FOR ELECTION FOR THE OFFICES OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES; PROVIDING THAT AN INDIVIDUAL WHO WISHES TO RUN AS AN INDEPENDENT CANDIDATE OR AS A CANDIDATE OF A PARTY NOT RECEIVING AUTOMATIC RECOGNITION MAY BE NOMINATED BY PETITION SIGNED BY EITHER 5 PERCENT OF THE ELECTORS VOTING FOR THE SUCCESSFUL CANDIDATE IN THE LAST GUBERNATORIAL ELECTION OR BY 5,000 ELECTORS, WHICHEVER IS FEWER; AND AMENDING SECTIONS 13-10-504 AND 13-10-601, MCA.

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

Section 1. Section 13-10-504, MCA, is amended to read:

"13-10-504. Independent or minor party candidates for president or vice president. (1) An individual who desires to run for president or vice president as an independent candidate or as a candidate of a party not qualified under 13-10-601 shall file a petition for nomination with the secretary of state 90 days prior to the date of the general election.

(2) The petition and the affidavits of circulation required by 13-27-302 must first be submitted, at least 1 week before the deadline for filing, to the election administrator in the county where the signer resides for verification and certification by the procedures provided in 13-27-303 through 13-27-306.

(3) The petition must have the signatures of electors equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election or 5,000 electors, whichever is less. The names of the candidates for the required number of presidential electors allowable to Montana must be certified to the secretary of state when the petition for nomination is filed.

(4) A qualified independent presidential candidate may amend the petition and designate or choose a named vice presidential candidate until the filing date provided in 13-25-101."

Section 2. Section 13-10-601, MCA, is amended to read:

"13-10-601. Parties eligible for primary election -- petitions by minor parties. (1) Each political party that had a candidate for a statewide office who received a total vote that was 5% or more of the total votes cast for the successful candidate for governor in either of the last two general elections shall nominate its candidates for public office, except for presidential electors, by a primary election as provided in this chapter.

(2) A political party that does not qualify to hold a primary election under subsection (1) may qualify to nominate its candidates by primary election by presenting a petition, in a form prescribed by the secretary of state, requesting the primary election and signed by a number of registered voters equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election or 5,000 electors, whichever is less, which number must include the registered voters in more than one-third of the legislative districts equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election in those districts or 150 electors in those districts, whichever is less. The petition and the affidavits of circulation required by 13-27-302 must be presented to the election administrator of the county in which the signatures were gathered to be verified under the procedures provided in 13-27-303 through 13-27-306. The election administrator shall forward the verified petition to the secretary of state at least 75 days before the date of the primary. The petition must be submitted to the election administrator at least 1 week before the deadline for submitting the verified petition to the secretary of state."

- END -

I hereby certify that the within bill,

HB 0585, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 585

INTRODUCED BY R. JORE

AN ACT REVISING THE REQUIREMENTS FOR NOMINATION OF CERTAIN CANDIDATES FOR ELECTION FOR THE OFFICES OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES; PROVIDING THAT AN INDIVIDUAL WHO WISHES TO RUN AS AN INDEPENDENT CANDIDATE OR AS A CANDIDATE OF A PARTY NOT RECEIVING AUTOMATIC RECOGNITION MAY BE NOMINATED BY PETITION SIGNED BY EITHER 5 PERCENT OF THE ELECTORS VOTING FOR THE SUCCESSFUL CANDIDATE IN THE LAST GUBERNATORIAL ELECTION OR BY 5,000 ELECTORS, WHICHEVER IS FEWER; AND AMENDING SECTIONS 13-10-504 AND 13-10-601, MCA.