13-35-226. Unlawful acts of employers and employees. (1) It is unlawful for any employer, in paying employees the salary or wages due them, to include with their pay the name of any candidate or any political mottoes, devices, or arguments containing threats or promises, express or implied, calculated or intended to influence the political opinions or actions of the employees.

Terms Used In Montana Code 13-35-226

  • 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

  • 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
  • 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
  • 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
  • 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

  • Public office: means a state, county, municipal, school, or other district office that is filled by the people at an election. See Montana Code 13-1-101

(2)It is unlawful for an employer to exhibit in a place where the employer’s workers or employees may be working any handbill or placard containing:

(a)any threat, promise, notice, or information that, in case any particular ticket or political party, organization, or candidate is elected:

(i)work in the employer’s place or establishment will cease, in whole or in part, or will be continued or increased;

(ii)the employer’s place or establishment will be closed; or

(iii)the salaries or wages of the workers or employees will be reduced or increased; or

(b)other threats or promises, express or implied, intended or calculated to influence the political opinions or actions of the employer’s workers or employees.

(3)A person may not coerce, command, or require a public employee to support or oppose any political committee, the nomination or election of any person to public office, or the passage of a ballot issue.

(4)A public employee may not solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue while on the job or at the place of employment. However, subject to 2-2-121 and 2-2-122, this section does not restrict the right of a public employee to perform activities properly incidental to another activity required or authorized by law or to express personal political views.

(5)A person who violates this section is liable in a civil action authorized by 13-37-128, brought by the commissioner of political practices or a county attorney pursuant to 13-37-124 and 13-37-125.

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