Montana Code Annotated 2023



Part 28. Alteration of County Boundaries for Public Safety

Affidavits To Be Attached To Petition -- Verification Of Signatures

7-2-2802. Affidavits to be attached to petition -- verification of signatures. (1) There must be attached and filed with each sheet or section for a petition to alter county boundaries an affidavit of the person who circulated the petition, stating that it is the person's belief that:

(a) the petition is signed by at least 25 or a majority of the qualified petitioners, whichever is less;

(b) the signatures are genuine; and

(c) each person signing was, at the date of signing, a qualified petitioner.

(2) Upon receipt of the petition, the clerk of the county in which the qualified petitioners' property is located shall verify, using property records filed with the county and any other information that may be necessary, that the signatories are qualified petitioners.

(3) Within 30 days of receipt of the petition, the clerk shall:

(a) certify that the petition is sufficient under the provisions of subsection (2) and present the petition to the governing body at its next meeting; or

(b) reject the petition if it is insufficient under the provisions of subsection (2).

(4) The clerk shall notify the adjoining county where the proposed boundary change will occur of the clerk's action under subsection (3).

(5) A defect in the contents of the petition or in its title, form of notice, or signatures may not invalidate the petition and subsequent proceedings as long as the petition has a sufficient number of qualified signatures attached.

History: En. Sec. 2, Ch. 347, L. 2011.