Montana Code Annotated 2015

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     13-10-211. Declaration of intent for write-in candidates. (1) Except as provided in subsection (7), a person seeking to become a write-in candidate for an office in any election shall file a declaration of intent. Except for a candidate under 13-38-201(4), a candidate may not file for more than one public office. The declaration of intent must be filed with the secretary of state or election administrator, depending on where a declaration of nomination for the desired office is required to be filed under 13-10-201, or with the school district clerk for a school district office. When a county election administrator is conducting the election for a school district, the school district clerk or school district office that receives the declaration of intent shall notify the county election administrator of the filing. Except as provided in 20-3-305(3)(b) and subsection (2) of this section, the declaration must be filed no later than 5 p.m. on the 10th day before the date established under 13-13-205 on which a ballot must be available for absentee voting for the election and must contain:
     (a) the candidate's name, including:
     (i) the candidate's first and last names;
     (ii) the candidate's initials, if any, used instead of a first name, or first and middle name, and the candidate's last name;
     (iii) the candidate's nickname, if any, used instead of a first name, and the candidate's last name; and
     (iv) a derivative or diminutive name, if any, used instead of a first name, and the candidate's last name;
     (b) the candidate's mailing address;
     (c) a statement declaring the candidate's intention to be a write-in candidate;
     (d) the title of the office sought;
     (e) the date of the election;
     (f) the date of the declaration; and
     (g) the candidate's signature.
     (2) A declaration of intent may be filed after the deadline provided for in subsection (1) but no later than 5 p.m. on the day before the election if, after the deadline prescribed in subsection (1), a candidate for the office that the write-in candidate is seeking dies or is charged with a felony offense and if the election has not been canceled as provided by law.
     (3) The secretary of state shall notify each election administrator of the names of write-in candidates who have filed a declaration of intent with the secretary of state. Each election administrator shall notify the election judges in the county or district of the names of write-in candidates who have filed a declaration of intent.
     (4) A properly completed and signed declaration of intent may be provided to the election administrator or secretary of state:
     (a) by facsimile transmission;
     (b) in person;
     (c) by mail; or
     (d) by electronic mail.
     (5) A declaration is not valid until the filing fee required pursuant to 13-10-202 is received by the secretary of state or the election administrator.
     (6) A write-in candidate who files a declaration of intent for a general election may not file with a partisan, nonpartisan, or independent designation.
     (7) Except as provided in 13-38-201(4)(b), the requirements in subsection (1) do not apply if:
     (a) an election is held;
     (b) a person's name is written in on the ballot;
     (c) the person is qualified for and seeks election to the office for which the person's name was written in; and
     (d) no other candidate has filed a declaration or petition for nomination or a declaration of intent.

     History: En. Sec. 1, Ch. 391, L. 1989; amd. Sec. 1, Ch. 143, L. 1995; amd. Sec. 2, Ch. 40, L. 1999; amd. Sec. 1, Ch. 129, L. 1999; amd. Sec. 1, Ch. 15, L. 2001; amd. Sec. 16, Ch. 414, L. 2003; amd. Sec. 19, Ch. 475, L. 2003; amd. Sec. 9, Ch. 586, L. 2005; amd. Sec. 1, Ch. 191, L. 2007; amd. Sec. 8, Ch. 273, L. 2007; amd. Sec. 1, Ch. 338, L. 2007; amd. Sec. 18, Ch. 297, L. 2009; amd. Sec. 22, Ch. 242, L. 2011; amd. Sec. 16, Ch. 336, L. 2013; amd. Sec. 178, Ch. 49, L. 2015; amd. Sec. 2, Ch. 420, L. 2015.

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