1. MCA Contents
  2. TITLE 5
  3. CHAPTER 5
  4. Part 4
  5. 5-5-421 Two-thirds vote necessary to conviction

Montana Code Annotated 2023

TITLE 5. LEGISLATIVE BRANCH

CHAPTER 5. LEGISLATIVE PROCEDURES

Part 4. Impeachment

Two-Thirds Vote Necessary To Conviction

5-5-421. Two-thirds vote necessary to conviction. The defendant cannot be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the members elected do not concur in a conviction, the defendant must be acquitted.

History: En. Sec. 1511, Pen. C. 1895; re-en. Sec. 8983, Rev. C. 1907; re-en. Sec. 11679, R.C.M. 1921; Cal. Pen. C. Sec. 746; re-en. Sec. 11679, R.C.M. 1935; Sec. 94-5412, R.C.M. 1947; redes. 95-2812 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2812; amd. Sec. 241, Ch. 61, L. 2007.