HOUSE BILL NO. 612
INTRODUCED BY R. BROWN, MCGEE, SLITER
AN ACT GENERALLY REVISING LAWS RELATING TO ELECTIONS; CLARIFYING WHEN A PRIMARY BALLOT NEED NOT BE PRINTED FOR A POLITICAL PARTY; CLARIFYING THE TIME BY WHICH VACANCY APPOINTMENTS MUST BE MADE; REVISING WHO DETERMINES THE NUMBER OF SIGNATURES REQUIRED FOR A PETITION OF NOMINATION; CHANGING THE TIME BY WHICH PETITIONS FOR NOMINATION OF CERTAIN MINOR PARTY CANDIDATES MUST BE FILED; CLARIFYING THE TIME BY WHICH THE NAMES OF CERTAIN PRESIDENTIAL ELECTORS MUST BE CERTIFIED TO THE SECRETARY OF STATE; REVISING WHEN THE SECRETARY OF STATE MUST SEND WRITTEN NOTICE TO PERSONS SUBMITTING BALLOT MEASURE PETITION SHEETS OF THE FINAL APPROVAL OF THOSE SHEETS; REQUIRING THAT A RESIDENCE ADDRESS, POST-OFFICE ADDRESS, OR TELEPHONE NUMBER BE SPECIFIED ON BALLOT MEASURE PETITION SHEETS FOR THE PURPOSE OF SIGNATURE VERIFICATION AND PROVIDING THAT AN ADDRESS GIVEN ON A PETITION MAY NOT BE USED AS THE ONLY MEANS TO DISQUALIFY A SIGNATURE; CLARIFYING WHEN THE SECRETARY OF STATE SENDS WRITTEN NOTICE OF FINAL APPROVAL OF A BALLOT MEASURE PETITION SHEET; REVISING THE DATE BY WHICH A PROPONENT OF A BALLOT MEASURE MAY CHALLENGE A DETERMINATION OF LEGAL DEFICIENCY; AND AMENDING SECTIONS 13-10-209, 13-10-327, 13-10-502, 13-10-504, 13-25-101, 13-27-202, 13-27-204, 13-27-205, 13-27-206, 13-27-207, 13-27-208, 13-27-302, 13-27-304, AND 13-27-316, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 13-10-209, MCA, is amended to read:
"13-10-209. Arrangement and printing of primary ballots. (1) (a) Ballots for a primary election shall must be
arranged and printed in the same manner and number as provided in chapter 12 for general election ballots, except there
shall must be separate ballots for each political party entitled to participate. The name of the political party shall must be
printed at the top of the separate ballot for that party and need not be printed opposite each candidate's name.
(b) Nonpartisan offices and ballot issues may be printed on separate ballots or may appear on the same ballot as partisan offices if:
(i) each section is clearly identified as separate; and
(ii) such the nonpartisan offices and ballot issues appear on each party's ballot.
(2) It is not necessary An election administrator does not need to print a primary ballot for a political party which if:
(a) the party does not have candidates for more than half of the offices to be printed on the ballot in even-year elections
if; and
(b) no more than one candidate files for nomination by that party for any of the offices to be printed on the ballot.
(3) The If, pursuant to subsection (2), a primary ballot for a political party is not printed, the secretary of state shall
certify that no a primary election is necessary unnecessary for that party if such is the case and shall certify or instruct the
election administrator to certify the names of the candidates for that party for the general election ballot only.
(3)(4) The separate ballots for each party shall must be the same size and color. The stubs of each set of party ballots
shall must bear the same number. If printed as a separate ballot, the nonpartisan ballot shall must be a different size or color
than the party ballots, but the stubs shall must be numbered in the same order as the party ballots.
(4)(5) If a ballot issue is to be voted on at a primary election, it may be placed on the nonpartisan ballot or a separate
ballot. A separate ballot may be a different size and color than the other ballots in the election, but the stubs shall must be
numbered in the same order.
(5)(6) Each elector shall receive a set of party ballots and a nonpartisan and a ballot issue ballot if such those ballots are
printed."
Section 2. Section 13-10-327, MCA, is amended to read:
"13-10-327. Vacancy after primary and prior to general election. (1) Except as provided in 13-10-328 for a vacancy in the candidacy of either governor or lieutenant governor caused by the death of a candidate, if a party candidate dies or withdraws after the primary and before the general election, the affected political party shall appoint someone to replace the candidate in one of the following ways:
(a) For offices to be filled by the state at large, the state central committee shall make the appointment as provided by the rules of the party.
(b) For offices to be filled in districts including more than one county, a committee appointed by the county central committees of all counties in the district shall make the appointment. Procedures for the appointment of the committee and making the appointment must be provided in party rules.
(c) For offices to be filled in counties, municipalities, or districts wholly within a county, the appointment must be made under rules adopted by the county central committee.
(2) Except as provided in this section, appointments to fill vacancies must be made no later than 75 76 days before the
election. A candidate may not officially withdraw 85 days or less before a general election. However, if a candidate for
partisan office dies less than 85 days before the general election, the affected political party shall appoint a candidate within
5 days after being notified of the vacancy. One of the procedures provided in 13-12-204 must be used to place the name of
the appointee on the ballot if necessary.
(3) The appointing committee shall send a certificate to the officer with whom a declaration for nomination for the office would be filed, with the information required on a declaration for nomination and the name of the candidate for whom the appointee is to be substituted. The appointee shall send a signed and acknowledged acceptance of the appointment and the filing fee for the office.
(4) The officer receiving the certificate of appointment, accompanied by a statement of acceptance and the filing fee, shall certify the name of the appointee for the ballot."
Section 3. Section 13-10-502, MCA, is amended to read:
"13-10-502. Signature requirements for petition. (1) The petition for nomination must be signed by electors residing within the state and district or political subdivision in which the officer or officers are to be elected. Each signature line must contain spaces for the signature, post-office address, and printed last name of the signer.
(2) The number of signatures must be 5% or more of the total vote cast for the successful candidate for the same office at the last general election.
(3) If the office sought is a new office or the boundaries of the district or political subdivision in which the election is to
be held have changed since the last election for the office, the secretary of state officer with whom nominations for the
office sought are filed shall determine the number of signatures required for a petition of nomination for that office."
Section 4. 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 76 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 no later than 76 days before the general election.
(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 5. Section 13-25-101, MCA, is amended to read:
"13-25-101. Nomination of electors -- ballot. (1) Each political party qualified under 13-10-601 shall nominate
presidential electors for this state and file certificates of nomination for these candidates with the secretary of state in a
form prescribed by the secretary of state no later than 75 76 days before the general election, in the manner and number
provided by law. However, in the event of the death of a candidate for president or vice president, a new candidate for
president or vice president, or both, may be nominated for the affected political party and certificates of election may be
filed with the secretary of state less than 75 76 days before a general election.
(2) The secretary of state shall certify to the election administrator the names of the candidates for president and vice
president of the several political parties, which must be placed on the ballot by one of the methods provided in 13-12-204.
If the name of a new candidate for president or vice president, or both, is certified to the secretary of state in less than 75 76
days pursuant to subsection (1), the secretary of state shall immediately certify the new name or names to the election
administrators and the new name or names must be placed on the ballot by one of the methods provided in 13-12-204.
(3) The names of candidates for electors of president and vice president may not be printed upon the ballot."
Section 6. Section 13-27-202, MCA, is amended to read:
"13-27-202. Recommendations -- approval of form required. (1) Before submission of a sample sheet to the secretary of state pursuant to subsection (3), the following requirements must be fulfilled:
(a) The text of the proposed measure must be submitted to the legislative services division for review.
(b) The legislative services division staff shall review the text for clarity, consistency, and any other factors that the staff considers when drafting proposed legislation.
(c) Within 14 days after submission of the text, the legislative services division staff shall make to the person submitting the text written recommendations for changes in the text or a statement that no changes are recommended.
(d) The person submitting the text shall consider the recommendations and respond in writing to the legislative services division, accepting, rejecting, or modifying each of the recommended changes. If no changes are recommended, no response is required.
(2) The legislative services division shall furnish a copy of the correspondence provided for in subsection (1) to the secretary of state, who shall make a copy of the correspondence available to any person upon request.
(3) Before a petition may be circulated for signatures, a sample sheet containing the text of the proposed measure must be submitted to the secretary of state in the form in which it will be circulated. The sample petition may not be submitted to the secretary of state more than 1 year prior to the final date for filing the signed petition with the county election administrator. The secretary of state shall refer a copy of the petition sheet to the attorney general for approval. The secretary of state and attorney general shall each review the petition for sufficiency as to form and approve or reject the form of the petition, stating the reasons for rejection, if any. The attorney general shall also review the petition as to its legal sufficiency. If the attorney general determines that the petition is legally deficient, the attorney general shall notify the secretary of state of that fact and provide a copy of the determination to the secretary of state and to the petitioner within the time provided in 13-27-312(8). The petition may not be given final approval by the secretary of state unless the attorney general's determination is overruled pursuant to 13-27-316. As used in this section, "legal sufficiency" means that the petition complies with the statutory prerequisites to submission of the proposed measure to the electors and that the text of the proposed measure complies with constitutional requirements governing submission of ballot measures to the electorate. Review of a petition for legal sufficiency does not include consideration of the merits or application of the measure if adopted by the voters. The secretary of state or the attorney general may not reject the petition solely because the text contains material not submitted to the legislative services division unless the material not submitted to the legislative services division is a substantive change not suggested by the legislative services division.
(4) (a) The secretary of state shall review the comments and statements of the attorney general received pursuant to 13-27-312 and make a final decision as to the approval or rejection of the petition.
(b) The secretary of state shall send written notice to the person who submitted the petition sheet of the approval or
rejection of the form of the petition within 28 days after submission of the petition sheet. The secretary of state shall send
written notice to the person who submitted the petition sheet of the final approval or rejection of the petition within 5 days
of:
(i) the date on which a final court decision is entered under 13-27-316 if a challenge to the attorney general's review of
the petition is filed pursuant to that section; or
(ii) the expiration of the time for filing a challenge to the attorney general's review under 13-27-316 if no challenge is
filed. If the petition is rejected, the notice must include reasons for rejection.
(c) If an action is filed challenging the validity of the petition, the secretary of state shall immediately notify the person who submitted the petition sheet.
(5) A petition with technical defects in form may be approved with the condition that those defects will be corrected before the petition is circulated for signatures.
(6) The secretary of state shall upon request provide the person submitting the petition with a sample petition form, including the text of the proposed measure, the statement of purpose, and the statements of implications, all as approved by the secretary of state and the attorney general. The petition may be circulated in the form of the sample prepared by the secretary of state. The petition may be circulated upon approval of the form of the petition by the secretary of state and the attorney general pending a final determination of its legal sufficiency."
Section 7. Section 13-27-204, MCA, is amended to read:
"13-27-204. Petition for initiative. (1) The following is substantially the form for a petition calling for a vote to enact a law by initiative: PETITION TO PLACE INITIATIVE NO.____ON THE ELECTION BALLOT (a) If 5% of the voters in each of 34 legislative representative districts sign this petition and the total number of voters signing this petition is ....., this measure will appear on the next general election ballot. If a majority of voters vote for this measure at that election, it will become law.
(b) We, the undersigned Montana voters, propose that the secretary of state place the following measure on the .... ...., 20..., general election ballot: (Title of measure written pursuant to 13-27-312)(Statement of implication written pursuant to 13-27-312) (c) Voters are urged to read the complete text of the measure, which appears (on the reverse side of, attached to, etc., as applicable) this sheet. A signature on this petition is only to put the measure on the ballot and does not necessarily mean the signer agrees with the measure.
(d) WARNING A person who purposefully signs a name other than the person's own to this petition, who signs more than once for the same issue at one election, or who signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in jail, or both.
(e) Each person is required to sign the person's name and list the person's address or telephone number in substantially the same manner as on the person's voter registration card or the signature will not be counted.
(2) Numbered lines must follow the above heading. Each numbered line must contain spaces for the signature,
post-office residence address, legislative representative district number, and printed last name of the signer. In place of a
residence address, the signer may provide the signer's post-office address or the signer's home telephone number. An
address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter registration
card may not be used as the only means to disqualify the signature of that petition signer."
Section 8. Section 13-27-205, MCA, is amended to read:
"13-27-205. Petition for the referendum. (1) The following is substantially the form for a petition calling for approval or rejection of an act of the legislature by the referendum:
PETITION TO PLACE REFERENDUM NO.____
ON THE ELECTION BALLOT
(a) If 5% of the voters in each of 34 legislative representative districts sign this petition and the total number of voters signing the petition is ...., Senate (House) Bill Number .... will appear on the next general election ballot. If a majority of voters vote for this measure at that election it will become law.
(b) We, the undersigned Montana voters, propose that the secretary of state place the following Senate (House) Bill Number ...., passed by the legislature on ...... on the next general election ballot:
(Title of referendum written pursuant to 13-27-312)
(Statement of implication written pursuant to 13-27-312)
(c) Voters are urged to read the complete text of the measure, which appears (on the reverse side of, attached to, etc., as applicable) on this sheet. A signature on this petition is only to put the measure on the ballot and does not necessarily mean the signer agrees with the measure.
(d) WARNING A person who purposefully signs a name other than his/her the person's own to this petition or who signs more than once
for the same issue at one election or signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in
jail, or both.
(e) Each person must sign his/her the person's name and list the person's address or telephone number in substantially
the same manner as on his/her the person's voter registry card, or the signature will not be counted.
(2) Numbered lines shall must follow the above heading. Each numbered line shall must contain spaces for the
signature, post-office residence address, legislative representative district number, and printed last name of the signer. In
place of a residence address, the signer may provide the signer's post-office address or the signer's home telephone number.
An address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter
registration card may not be used as the only means to disqualify the signature of that petition signer."
Section 9. Section 13-27-206, MCA, is amended to read:
"13-27-206. Petition for initiative for constitutional convention. (1) The following is substantially the form for a petition to direct the secretary of state to submit to the qualified voters the question of whether there will be a constitutional convention: PETITION TO PLACE INITIATIVE NO.____, CALLING FOR A CONSTITUTIONAL CONVENTION, ON THE ELECTION BALLOT (a) If 10% of the voters in each of 40 legislative districts sign this petition and the total number of voters signing this petition is ....., the question of whether to have a constitutional convention will appear on the next general election ballot. If a majority of voters vote for the constitutional convention, the legislature shall call for a constitutional convention at its next session.
(b) We, the undersigned Montana voters, propose that the secretary of state place the question of whether to hold a constitutional convention on the .... ...., 20..., general election ballot: (Title of the initiative written pursuant to 13-27-312)(Statement of implication written pursuant to 13-27-312) (c) A signature on this petition is only to put the call for a constitutional convention on the ballot and does not necessarily mean the signer is in favor of calling a constitutional convention.
(d) WARNING A person who purposefully signs a name other than the person's own to this petition, who signs more than once for the same issue at one election, or who signs when not a legally registered Montana voter is subject to a $500 fine or 6 months in jail, or both.
(e) Each person is required to sign the person's name and list the person's address or telephone number in substantially the same manner as on the person's voter registration card or the signature will not be counted.
(2) Numbered lines must follow the above heading. Each numbered line must also contain spaces for the signature,
post-office residence address, legislative representative district number, and printed last name of the signer. In place of a
residence address, the signer may provide the signer's post-office address or the signer's home telephone number. An
address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter registration
card may not be used as the only means to disqualify the signature of that petition signer."
Section 10. Section 13-27-207, MCA, is amended to read:
"13-27-207. Petition for initiative for constitutional amendment. (1) The following is substantially the form for a petition for an initiative to amend the constitution: PETITION TO PLACE CONSTITUTIONAL AMENDMENT NO.____ ON THE ELECTION BALLOT (a) If 10% of the voters in each of 40 legislative districts sign this petition and the total number of voters signing the petition is ....., this constitutional amendment will appear on the next general election ballot. If a majority of voters vote for this amendment at that election, it will become part of the constitution.
(b) We, the undersigned Montana voters, propose that the secretary of state place the following constitutional amendment on the ........, 20..., general election ballot: (Title of the proposed constitutional amendmentwritten pursuant to 13-27-312) (Statement of implication written pursuant to 13-27-312) (c) Voters are urged to read the complete text of the measure, which appears (on the reverse side of, attached to, etc., as applicable) this sheet. A signature on this petition is only to put the constitutional amendment on the ballot and does not necessarily mean the signer agrees with the amendment.
(d) WARNING A person who purposefully signs a name other than the person's own to this petition, who signs more than once for the same issue at one election, or who signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in jail, or both.
(e) Each person is required to sign the person's name and list the person's address or telephone number in substantially the same manner as on the person's voter registration card or the signature will not be counted.
(2) Numbered lines must follow the above heading. Each numbered line must contain spaces for the signature,
post-office residence address, legislative representative district number, and printed last name of the signer. In place of a
residence address, the signer may provide the signer's post-office address or the signer's home telephone number. An
address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter registration
card may not be used as the only means to disqualify the signature of that petition signer."
Section 11. Section 13-27-208, MCA, is amended to read:
"13-27-208. Petitions to be made available in each county election administrator's office. When the secretary of
state sends written notice of the Upon final approval of a petition as required under 13-27-202(4), the secretary of state
shall forward a copy of the petition, along with signature sheets, to the election administrator of each county. The election
administrator shall make a copy of each approved petition available for reading and signing in the administrator's office
during business hours in an election year until the petitions are submitted under 13-27-301. The secretary of state may
charge the person who submitted the petition a fee sufficient to reimburse the secretary of state for the cost of providing
copies of the petition and signature sheets to each county election administrator."
Section 12. Section 13-27-302, MCA, is amended to read:
"13-27-302. Certification of signatures. An affidavit, in substantially the following form, must be attached to each sheet or section submitted to the county official:
I, (name of person who circulated this petition), swear that I circulated or assisted in circulating the petition to which
this affidavit is attached, that I believe the signatures on the petition are genuine, are the signatures of the persons whose
names they purport to be, and are the signatures of Montana electors who are registered at the address or have the telephone
number following their the person's signature, and that the signers knew the contents of the petition before signing the
petition.
....................................................
(Signature of petition circulator)
....................................................
(Address of petition circulator)
Subscribed and sworn to before me this ... day of ....., 20...
...................................................
Seal (Person authorized to take oaths)
...................................................
(Title or notarial information)"
Section 13. Section 13-27-304, MCA, is amended to read:
"13-27-304. County official to forward verified sheets. The county official verifying the number of registered electors signing the petition shall forward it to the secretary of state by certified mail with a certificate in substantially the following form attached:
To the Honorable ......, Secretary of State of the state of Montana:
I, ........, ....... (title) of the County of .........., certify that I have examined the attached (section containing .... sheets) or (.... sheets) of the petition for (referendum, initiative, constitutional convention, or constitutional amendment) No. .... in the manner prescribed by law; and I believe that .... (number) signatures in Legislative Representative District No. .... (repeat for each district included in sheet or section) are valid; and I further certify that the affidavit of the circulator of the (sheet) (section) of the petition is attached and the post-office address, residence address, or telephone number and legislative representative district number is completed for each valid signature.
Signed: ................(Date) ......................... (Signature)
Seal ................................(Title)"
Section 14. Section 13-27-316, MCA, is amended to read:
"13-27-316. Court review of attorney general opinion or statements. (1) If the proponents of a ballot measure
believe that the statement of purpose, the statements of implication of a vote, or the fiscal statement formulated by the
attorney general pursuant to 13-27-312 do not satisfy the requirements of 13-27-312, or believe that the attorney general
was incorrect in determining that the petition was legally deficient, they may, within 10 days of receipt of the notice from
the secretary of state state's or of the attorney general's determination regarding legal sufficiency provided for in 13-27-202,
file an action in the district court in and for the county of Lewis and Clark challenging the adequacy of the statement or the
attorney general's determination and requesting the court to alter the statement or modify the attorney general's
determination.
(2) If the opponents of a ballot measure believe that the statement of purpose, the statements of implication of a vote, or the fiscal statement formulated by the attorney general pursuant to 13-27-312 do not satisfy the requirements of 13-27-312, or believe that the attorney general was incorrect in determining that the petition was legally sufficient, they may, within 10 days of the date of certification to the governor that the completed petition has been officially filed, file an action in the district court in and for the county of Lewis and Clark challenging the adequacy of the statement or the attorney general's conclusion and requesting the court to alter the statement or overrule the attorney general's determination concerning the legal sufficiency of the petition.
(3) (a) Notice must be served upon the secretary of state and upon the attorney general. The action takes precedence over other cases and matters in the district court. The court shall examine the proposed measure and the challenged statement or determination of the attorney general and shall as soon as possible render a decision and certify to the secretary of state a statement which the court determines will meet the requirements of 13-27-312 or an opinion as to the correctness of the attorney general's determination.
(b) A statement certified by the court must be placed on the petition for circulation and on the official ballot.
(4) A copy of the petition in final form must be filed in the office of the secretary of state by the proponents.
(5) Any party may appeal the order of the district court to the Montana supreme court by filing a notice of appeal within 5 days of the date of the order of the district court."
- END -
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