Montana Code 13-27-112. Signature gathering — registration — reports — penalty
13-27-112. Signature gathering — registration — reports — penalty. (1) (a) A person who employs a paid signature gatherer shall register with the secretary of state prior to collecting signatures. Except as provided in subsection (1)(b), the registration in this subsection (1) must be accompanied by a filing fee of not more than $100 or an amount set by the secretary of state. The fee must be deposited in an account to the credit of the secretary of state in accordance with 2-15-405(4).
Terms Used In Montana Code 13-27-112
- Ballot: means a paper ballot counted manually or a paper ballot counted by a machine, such as an optical scan system or other technology that automatically tabulates votes cast by processing the paper ballots. See Montana Code 13-1-101
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- Independent committee: means a political committee organized for the primary purpose of receiving contributions and making expenditures that is not controlled either directly or indirectly by a candidate and that does not coordinate with a candidate in conjunction with the making of expenditures except pursuant to the limits set forth in 13-37-216(1). See Montana Code 13-1-101
- Individual: means a human being. See Montana Code 13-1-101
- issue: means a proposal submitted to the people at an election for their approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment, recall question, school levy question, bond issue question, or ballot question. See Montana Code 13-1-101
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Petition: means a petition for a statewide initiative or a statutory referendum prepared pursuant to the requirements of this chapter. See Montana Code 13-27-110
- Political committee: means a combination of two or more individuals or a person other than an individual who receives a contribution or makes an expenditure:
(i)to support or oppose a candidate or a committee organized to support or oppose a candidate or a petition for nomination;
(ii)to support or oppose a ballot issue or a committee organized to support or oppose a ballot issue; or
(iii)to prepare or disseminate an election communication, an electioneering communication, or an independent expenditure. See Montana Code 13-1-101
- 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
(b)A person who employs a paid signature gatherer may seek a waiver from the fee required in subsection (1)(a) by demonstrating a financial inability to pay without substantial hardship.
(c)The secretary of state may adopt rules to provide for the administration of this subsection (1), including rules to implement a standard registration form and the waiver provisions in subsection (1)(b).
(2)(a) Except as provided in this section, a person who employs a paid signature gatherer shall file with the commissioner reports containing those matters required by Title 13, chapter 37, part 2, for a political committee organized to support or oppose a ballot issue or for an independent committee that receives contributions and makes expenditures in connection with a ballot issue, as applicable. If a person who employs a paid signature gatherer is required by Title 13, chapter 37, part 2, to file a report pursuant to those provisions, the person need not file a duplicate report pursuant to this section, but shall report the matter required by subsection (2) as part of that report.
(b)The reports required by this subsection (2) must include the amount paid to a paid signature gatherer.
(c)Reports filed pursuant to this subsection (2) must be filed at the same time, in the same manner, including the certification required by 13-37-231, and upon the same forms as required for reports filed pursuant to Title 13, chapter 37, part 2, except as the rules of the commissioner may otherwise provide.
(d)A person who violates subsection (2)(a) is guilty of a misdemeanor and upon conviction shall be punished as provided by law.
(3)The commissioner has the same powers and duties regarding the regulation of signature gatherers as the commissioner has regarding the control of campaign practices as provided in Title 13, chapter 37, including the investigation of alleged violations of 13-27-112 and the issuance of orders of noncompliance for and prosecution of violations of 13-27-112.
(4)The commissioner may adopt rules to implement subsection (2).
(5)As used in subsections (2) and (3), unless the context indicates otherwise, the following definitions apply:
(a)”Commissioner” means the commissioner of political practices provided for in 13-37-102.
(b)”Paid signature gatherer” means a signature gatherer who is compensated in money for the collection of signatures.
(c)(i) “Person” has the meaning provided in 13-1-101 and includes a political committee.
(ii)The term does not include a candidate.
(d)(i) “Person who employs a paid signature gatherer” means a political party, political committee, or other person seeking to place a ballot issue before the electors.
(ii)The term does not include an individual who is part of the same signature gathering company, partnership, or other business organization that directly hires, supervises, and pays an individual who is a signature gatherer.
(e)”Signature gatherer” means an individual who collects signatures on a petition for the purpose of an initiative, a referendum, or the calling of a constitutional convention.