Montana Code Annotated 2005

Clickable Image


     2-16-213. Term of office -- holdover -- assumption of office. (1) Every office of which the duration is not fixed by law is held at the pleasure of the appointing power.
     (2) Every officer must continue to discharge the duties of his office, although his term has expired, until his successor has qualified.
     (3) Notwithstanding subsection (2), an appointee who is by law subject to confirmation by the senate may, upon expiration of or vacancy in the previous term, assume the office to which appointed and is a de jure officer, notwithstanding the fact that the senate has not yet confirmed the appointment. If the senate rejects the appointment, the office becomes vacant.

     History: En. Secs. 993, 994, Pol. C. 1895; re-en. Secs. 354, 355, Rev. C. 1907; re-en. Secs. 422, 423, R.C.M. 1921; Cal. Pol. C. Secs. 878, 879; re-en. Secs. 422, 423, R.C.M. 1935; R.C.M. 1947, 59-405, 59-406; amd. Sec. 2, Ch. 83, L. 1983.

Previous Section MCA Contents Part Contents Search Help Next Section