Montana Code Annotated 2023



Part 5. Vacancy and Succession


2-16-502. Resignations. Resignations must be in writing, must stipulate an effective date, and must be submitted as follows:

(1) by the governor and lieutenant governor, to the legislature if it is in session and, if not, then to the secretary of state;

(2) by all officers commissioned by the governor, to the governor;

(3) by senators and members of the house of representatives, if the legislature is not in session, to the secretary of state and, if it is in session, to the presiding officer of the branch to which the member belongs, who must immediately transmit the same to the secretary of state;

(4) by all county and township officers not commissioned by the governor, to the clerk of the board of commissioners of their respective counties;

(5) by all other appointed officers, to the body or officer that appointed them;

(6) by all trustees of school districts, to the clerk of the respective school district, provided for in 20-3-325;

(7) in all cases not otherwise provided for, by filing the resignation in the office of the secretary of state.

History: En. Sec. 41, p. 468, Cod. Stat. 1871; re-en. Sec. 553, 5th Div. Rev. Stat. 1879; re-en. Sec. 1045, 5th Div. Comp. Stat. 1887; amd. Sec. 1100, Pol. C. 1895; re-en. Sec. 419, Rev. C. 1907; amd. Sec. 1, Ch. 8, L. 1921; re-en. Sec. 510, R.C.M. 1921; Cal. Pol. C. Sec. 995; re-en. Sec. 510, R.C.M. 1935; R.C.M. 1947, 59-601; amd. Sec. 1, Ch. 68, L. 1981; amd. Sec. 1, Ch. 64, L. 1993; amd. Sec. 2, Ch. 418, L. 2017.