13-27-303. Verification of signatures by county official — allocating voters following reapportionment — duplicate signatures. (1) Except as required by 13-27-104, within 4 weeks after receiving the sheets or sections of a petition, the county official shall check the names of all signers to verify they are registered electors of the county. In addition, the official shall randomly select signatures on each sheet or section and compare them with the signatures of the electors as they appear in the registration records of the office. If all the randomly selected signatures appear to be genuine, the number of signatures of registered electors on the sheet or section may be certified to the secretary of state without further comparison of signatures. If any of the randomly selected signatures do not appear to be genuine, all signatures on that sheet or section must be compared with the signatures in the registration records of the office.

Terms Used In Montana Code 13-27-303

  • Constitutional convention initiative: means a statewide initiative to submit to the qualified electors the question of whether there must be an unlimited convention to amend the Montana constitution as authorized in Article XIV, section 2, of the Montana constitution. See Montana Code 13-27-110
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • Election administrator: means , except as provided in subsection (14)(b), the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties, except that with regard to school elections not administered by the county, the term means the school district clerk. See Montana Code 13-1-101
  • Elector: means an individual qualified to vote under state law. 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
  • 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
  • Several: means two or more. See Montana Code 1-1-201
  • 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
  • Statutory referendum: means a legislative act to enact statutory law that is referred by petition to the qualified electors for approval or rejection as authorized in Article III, section 5, of the Montana constitution. See Montana Code 13-27-110

(2)For the purpose of allocating the signatures of voters among the several legislative representative districts of the state as required to certify a petition for a statutory referendum or a constitutional convention initiative under the provisions of this chapter following the filing of a districting and apportionment plan under 5-1-111 and before the first gubernatorial election following the filing of the plan, the new districts must be used with the number of signatures needed for each legislative representative district being the total votes cast for governor in the last gubernatorial election divided by the number of legislative representative districts.

(3)Upon discovery of fraudulent signatures or duplicate signatures of an elector on any one issue, the election administrator may submit the name of the elector or the signature gatherer, or both, to the county attorney to be investigated under the provisions of 13-27-610 and 13-35-207.