Montana Code Annotated 2023



Part 1. Call of Special Session

Procedure For Polling Legislators

5-3-106. Procedure for polling legislators. (1) Within 5 days after receiving a request, the secretary of state shall send to all legislators by certified mail a ballot that contains:

(a) the names of the legislators making the request;

(b) the reasons for calling the special session;

(c) the purposes of the special session;

(d) the requested convening date and time of the special session;

(e) subject to subsection (2), the date by which legislators shall return the ballot, which may not be more than 30 days after the date of the mailing of the ballots; and

(f) a stamped return envelope.

(2) Within 2 calendar days after receiving a request to consider an existing state of emergency or disaster declared under the authority of 10-3-303, the secretary of state shall send a ballot that complies with subsection (1) using any reasonable and reliable means, including electronic delivery, and is not required to use certified mail. The date by which legislators shall return the ballot specified in this subsection (2) may not be more than 7 calendar days after the date the ballots were sent.

History: En. Sec. 4, Ch. 433, L. 1973; amd. Sec. 1, Ch. 200, L. 1975; R.C.M. 1947, 43-322; amd. Sec. 1, Ch. 416, L. 1999; amd. Sec. 4, Ch. 504, L. 2021.