§ 13-35-201 Electors and ballots
§ 13-35-202 Conduct of election officials or election workers
§ 13-35-203 Interference with election officials or election workers
§ 13-35-204 Official misconduct
§ 13-35-205 Tampering with election records and information
§ 13-35-206 Injury to election equipment, materials, and records
§ 13-35-207 Deceptive election practices
§ 13-35-208 Deception of elector
§ 13-35-209 Fraudulent registration
§ 13-35-210 Fraudulent voting prohibited — purposefully maintaining multiple registrations prohibited
§ 13-35-211 Electioneering — soliciting information from electors
§ 13-35-212 Repealed
§ 13-35-213 Preventing public meetings of electors
§ 13-35-214 Illegal influence of voters
§ 13-35-215 Illegal consideration for voting
§ 13-35-216 Repealed
§ 13-35-217 Officers not to influence voter
§ 13-35-218 Coercion or undue influence of voters
§ 13-35-219 Repealed
§ 13-35-220 Bribing members of political gatherings
§ 13-35-221 Improper nominations
§ 13-35-222 Repealed
§ 13-35-223 Repealed
§ 13-35-224 Repealed
§ 13-35-225 Election materials not to be anonymous — notice — penalty
§ 13-35-226 Unlawful acts of employers and employees
§ 13-35-227 Prohibited contributions from corporations and unions
§ 13-35-228 Prohibition of salary increase contribution
§ 13-35-229 Repealed
§ 13-35-230 Repealed
§ 13-35-231 Unlawful for political party to contribute to judicial candidate
§ 13-35-232 Repealed
§ 13-35-233 Repealed
§ 13-35-234 Repealed
§ 13-35-235 Incorrect election procedures information
§ 13-35-236 Void
§ 13-35-237 Disclaimer on election materials funded by anonymous contributors
§ 13-35-238 Donations — prohibition — penalty
§ 13-35-239 reserved
§ 13-35-240 Repealed
§ 13-35-241 Release of vote tally — penalty
§ 13-35-242 Political activity in public postsecondary institution residence hall, dining facility, or athletic facility — prohibition — exceptions — penalty

Terms Used In Montana Code > Title 13 > Chapter 35 > Part 2 - Specific Provisions

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Anything of value: means any goods that have a certain utility to the recipient that is real and that is ordinarily not given away free but is purchased. See Montana Code 13-1-101
  • 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
  • Bribe: means anything of value or advantage, present or prospective, or any promise or undertaking to give anything of value or advantage, that is asked, given, or accepted with a corrupt intent to unlawfully influence the person to whom it is given in the person's action, vote, or opinion in any public or official capacity. See Montana Code 1-1-207
  • 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

  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means :

    (i)the receipt by a candidate or a political committee of an advance, gift, loan, conveyance, deposit, payment, or distribution of money or anything of value to support or oppose a candidate or a ballot issue;

    (ii)an expenditure, including an in-kind expenditure, that is made in coordination with a candidate or ballot issue committee and is reportable by the candidate or ballot issue committee as a contribution;

    (iii)the receipt by a political committee of funds transferred from another political committee; or

    (iv)the payment by a person other than a candidate or political committee of compensation for the personal services of another person that are rendered to a candidate or political committee. See Montana Code 13-1-101

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Election judge: means a person who is appointed pursuant to Title 13, chapter 4, part 1, to perform duties as specified by law. See Montana Code 13-1-101
  • Election official: means an election administrator, election deputy, or election judge. See Montana Code 13-1-101
  • Election worker: means an individual designated by an election official to perform election support duties. See Montana Code 13-1-101
  • Elector: means an individual qualified to vote under state law. See Montana Code 13-1-101
  • 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.
  • Expenditure: means a purchase, payment, distribution, loan, advance, promise, pledge, or gift of money or anything of value:

    (i)made by a candidate or political committee to support or oppose a candidate or a ballot issue;

    (ii)made by a candidate while the candidate is engaging in campaign activity to pay child-care expenses as provided in 13-37-220; or

    (iii)used or intended for use in making independent expenditures or in producing electioneering communications. See Montana Code 13-1-101

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Individual: means a human being. See Montana Code 13-1-101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Oath: includes an affirmation or declaration. See Montana Code 1-1-201
  • Oath: A promise to tell the truth.
  • 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

  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • 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
  • School election: has the meaning provided in 20-1-101. 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
  • system: means any machine, device, technology, or equipment used to automatically record, tabulate, or process the vote of an elector cast on a paper ballot. See Montana Code 13-1-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204