Montana Code 13-37-107. Commissioner of political practices — qualifications
13-37-107. Commissioner of political practices — qualifications. The individual appointed to serve as commissioner:
Terms Used In Montana Code 13-37-107
- 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
- Commissioner: means the commissioner of political practices created by 13-37-102. See Montana Code 13-37-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Individual: means a human being. 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
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Public office: has the meaning provided in 13-1-101. See Montana Code 13-37-101
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(1)must be a citizen of the United States and a resident of Montana as provided in 13-1-112;
(2)on the date of appointment, must be registered to vote in Montana;
(3)in the 2 years immediately preceding the date of the appointment, may not have:
(a)served as a fundraiser for a candidate for public office;
(b)served as an officer in a political party or for a political committee; or
(c)participated in the management or conduct of a campaign by a candidate for public office;
(4)must possess the following knowledge, skills, and abilities:
(a)a confirmable track record of highly ethical professional behavior;
(b)the demonstrable ability to be firm, fair, and unbiased in carrying out professional responsibilities;
(c)the ability to communicate effectively orally and in writing;
(d)the ability to interpret statutes, legal opinions, and regulations;
(e)the ability to supervise, organize, and motivate employees; and
(f)knowledge of the standards of evidence and due process rights that are applicable to judicial and quasi-judicial proceedings.