Montana Code 13-25-206. Vacancy in office of United States senator
13-25-206. Vacancy in office of United States senator. (1) If a vacancy occurs in the office of United States senator, the governor shall immediately order an election to be held to fill the vacancy, except as provided in subsection (3).
Terms Used In Montana Code 13-25-206
- Candidate: means :
(a)an individual who has filed a declaration or petition for nomination, acceptance of nomination, or appointment as a candidate for public office as required by law;
(b)for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure nomination or election to any office at any time, whether or not the office for which the individual will seek nomination or election is known when the:
(i)solicitation is made;
(ii)contribution is received and retained; or
(iii)expenditure is made; or
(c)an officeholder who is the subject of a recall election. See Montana Code 13-1-101
- Election: means a general, special, or primary election held pursuant to the requirements of state law, regardless of the time or purpose. See Montana Code 13-1-101
- General election: means an election that is held for offices that first appear on a primary election ballot, unless the primary is canceled as authorized by law, and that is held on a date specified in 13-1-104. See Montana Code 13-1-101
- Individual: means a human being. See Montana Code 13-1-101
- Person: means an individual, corporation, association, firm, partnership, cooperative, committee, including a political committee, club, union, or other organization or group of individuals or a candidate as defined in subsection (8). See Montana Code 13-1-101
- primary election: means an election held on a date specified in 13-1-107 to nominate candidates for offices filled at a general election. See Montana Code 13-1-101
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The election to fill the unexpired term must be held no less than 85 and no more than 100 days from the date on which the vacancy occurs, except that if the vacancy occurs:
(a)between 85 days and 150 days before a municipal general election, the election must be held with the municipal general election;
(b)between January 1 in an even-numbered year and 85 days before a federal primary election, the election must be held with the federal primary election;
(c)less than 85 days before a federal primary election, the election must be held with the federal general election;
(d)between the federal primary election and 85 days before a federal general election, the election must be held with the federal general election;
(e)less than 85 days before a municipal general election or federal general election, the election must be held no less than 85 days and no more than 100 days after the date of the general election.
(3)If a vacancy in the office of United States senator occurs in the last year of the office’s term, an election for the remainder of the term may not be held if the vacancy occurs between 85 days before the federal primary election and the end of the term. The term of office for a candidate elected to the senate seat at the regularly scheduled general election must commence with the new term.
(4)(a) The governor may make a temporary appointment to fill a vacancy in the office of United States senator until the election to fill the vacancy is held.
(b)(i) If the vacancy is subject to the provisions of subsection (3), the governor may make a temporary appointment until the results of the regularly scheduled general election are certified.
(ii)When the results are certified, the governor shall appoint the candidate who won the election for the senate seat to fill the remainder of the vacancy.
(c)Unless the appointment is made pursuant to subsection (4)(b)(ii), when a vacancy occurs, if the vacating officeholder represented a political party eligible for primary election under 13-10-601, the person appointed by the governor must be of the same political party and must be selected by the governor pursuant to the procedure outlined in subsection (4)(d). However, if the individual vacating the office changed political party affiliations after taking office, the individual who is appointed to fill the vacancy must be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.
(d)(i) Within 3 days after being notified of a vacancy in the office of United States senator, the governor shall notify the political party that was represented by the vacating officeholder.
(ii)Within 15 days after being notified of the vacancy, the state party central committee shall forward to the governor a list of three prospective appointees.
(iii)Unless the governor chooses not to make an appointment to the office of United States senator, the governor shall select an appointee from the list within 15 days after receiving it.