SENATE BILL NO. 38
INTRODUCED BY ELLIS A
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE DETERMINATION OF THE ORDER IN WHICH CANDIDATES' NAMES ARE ARRANGED ON BALLOTS; AND AMENDING SECTION 13-12-205, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 13-12-205, MCA, is amended to read:
"13-12-205. Arrangement of names -- rotation on ballot. (1) The candidates' names shall must be arranged
alphabetically on the ballot according to surnames by surname under the title of the respective offices and must appear in the
order that each candidate initially filed for the office, from the candidate with the earliest filing date and time to the candidate
with the latest filing date and time. If a candidate is appointed to replace the original candidate, the appointed candidate's
filing date and time is the date and time of the appointment.
(2) (a) Except as provided in subsection (3), if two or more individuals are candidates for nomination or election to the
same office, the election administrator shall divide the ballot forms into sets equal in number to the greatest number of
candidates for any office. The candidates for nomination to an office by each political party shall be considered separately in
determining the number of sets necessary for a primary election.
(b) The election administrator shall begin with a form arranged alphabetically and rotate so that each candidate's name
will be at the top of the list for each office on substantially an equal number of ballots. If it is not numerically possible to
place each candidate's name at the top of the list, the names shall be rotated in groups so that each candidate's name is as
near the top of the list as possible on substantially an equal number of ballots.
(c) If the county contains more than one legislative district, the election administrator may rotate each candidate's name
so that it will be at or near the top of the list for each office on substantially an equal number of ballots in each house district.
(d) For purposes of rotation, the offices of president and vice president and of governor and lieutenant governor shall be
considered as a group.
(e) No more than one of the sets may be used in printing the ballot for use in any one precinct, and all ballots furnished
for use in any precinct must be identical.
(3) In a precinct where voting devices are used, the election administrator need not rotate candidates' names as provided
in subsection (2) on paper ballots required under 13-17-305; however, if more than 5% of the electors voting in the precinct
in the last preceding general election voted using paper ballots, the election administrator shall rotate candidates' names on
the paper ballots. If the candidates' names are not rotated, the election administrator shall determine by lot the arrangement
of the names on the paper ballot."
- END -
Latest Version of SB 38 (SB0038.01)
Processed for the Web on December 8, 1998 (1:32PM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill
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