Terms Used In Montana Code > Title 2 > Chapter 4 > Part 3 - Adoption and Publication of Rules

• Acquaintance: means an individual known by the voter. See Montana Code 13-35-702
• Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
• 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
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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
• Ballot statements: means a statement of purpose and implication and a yes and no statement. See Montana Code 13-27-110
• 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
• Campaign literature: means material that advocates the success or defeat of a candidate, political party, or ballot issue. See Montana Code 13-35-602
• 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

• Caregiver: means an individual who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living home, residential care institution, adult day health care facility, or adult foster care home. See Montana Code 13-35-702
• 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.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Cloture: The only procedure by which the Senate can vote to place a time limit on consideration of a bill or other matter, and thereby overcome a filibuster. Under the cloture rule (Rule XXII), the Senate may limit consideration of a pending matter to 30 additional hours, but only by vote of three-fifths of the full Senate, normally 60 votes.
• Collect: means to gain possession or control of a ballot. See Montana Code 13-35-702
• Commissioner: means the commissioner of political practices created by 13-37-102. See Montana Code 13-37-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• Constitutional convention referendum: means a legislative act submitting the question of whether there must be an unlimited convention to revise, alter, or amend the Montana constitution to the qualified electors that is referred by the legislature as authorized in Article XIV, section 1, of the Montana constitution. See Montana Code 13-27-110
• Constitutional initiative: means a statewide initiative to enact constitutional law as authorized in Article XIV, section 9, of the Montana constitution. See Montana Code 13-27-110
• Constitutional referendum: means a legislative act to enact constitutional law that is referred by the legislature to the qualified electors for approval or rejection as authorized in Article XIV, section 8, of the Montana constitution. See Montana Code 13-27-110
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• 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
• Electioneering communication: means a paid communication that is publicly distributed by radio, television, cable, satellite, internet website, newspaper, periodical, billboard, mail, or any other distribution of printed materials, that is made within 60 days of the initiation of voting in an election, that does not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the district voting on the candidate or ballot issue, and that:

  (i)refers to one or more clearly identified candidates in that election;

  (ii)depicts the name, image, likeness, or voice of one or more clearly identified candidates in that election; or

  (iii)refers to a political party, ballot issue, or other question submitted to the voters in that election. See Montana Code 13-1-101

• Elector: means an individual qualified to vote under state law. See Montana Code 13-1-101
• Enact: means to enact, amend, or repeal. See Montana Code 13-27-110
• Entity: means a partnership, association, limited liability company, joint venture, corporation, or any other legal or commercial organization, or a combination of entities. See Montana Code 13-37-501
• 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

• Family member: means an individual who is related to the voter by blood, marriage, adoption, or legal guardianship. See Montana Code 13-35-702
• Federal election: means an election in even-numbered years in which an elector may vote for individuals for the office of president of the United States or for the United States congress. See Montana Code 13-1-101
• Foreign national: means :

  (a)a government of a foreign country;

  (b)a political party of a foreign country;

  (c)an entity located outside of the United States unless that entity:

  (i)is organized under or created under federal law, state law, or the law of another place subject to the jurisdiction of the United States; and

  (ii)has its principal place of business within the United States;

  (d)an entity that:

  (i)is organized under the laws of a foreign country; or

  (ii)has its principal place of business in a foreign country; and

  (e)an individual who is not lawfully admitted for the privilege of residing permanently in the United States as an immigrant in accordance with immigration laws and who is not:

  (i)a citizen of the United States; or

  (ii)a person who, though not a citizen of the United States, owes permanent allegiance to the United States. See Montana Code 13-37-501

• General election: means an election that is held for offices that first appear on a primary election ballot, unless the primary is canceled as authorized by law, and that is held on a date specified in 13-1-104. 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.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Household member: means an individual who resides at the same residence as the voter. See Montana Code 13-35-702
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Incidental committee: means a political committee that is not specifically organized or operating for the primary purpose of supporting or opposing candidates or ballot issues but that may incidentally become a political committee by receiving a contribution or making an expenditure. See Montana Code 13-1-101
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• 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
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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
• legally sufficient: means that a petition complies with statutory and constitutional requirements governing submission of the proposed issue to the qualified electors and the substantive legality of the proposed issue if approved by the voters. See Montana Code 13-27-110
• Legislative referendum: means a legislative act to enact statutory law that is referred by the legislature 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
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• 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
• Place of deposit: means a location designated by the election administrator pursuant to 13-19-307 for a mail ballot election conducted under Title 13, chapter 19. 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

• Political subdivision: means a county, consolidated municipal-county government, municipality, special purpose district, or any other unit of government, except school districts, having authority to hold an election. See Montana Code 13-1-101
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• primary election: means an election held on a date specified in 13-1-107 to nominate candidates for offices filled at a general election. See Montana Code 13-1-101
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Public office: has the meaning provided in 13-1-101. See Montana Code 13-37-101
• Quorum: The number of legislators that must be present to do business.
• Recusal: means disqualification from a matter by reason of prejudice or conflict of interest. See Montana Code 13-37-101
• Registrar: means the county election administrator and any regularly appointed deputy or assistant election administrator. See Montana Code 13-1-101
• Relative: means a family member who is within the second degree of consanguinity or affinity to the commissioner. See Montana Code 13-37-101
• School election: has the meaning provided in 20-1-101. See Montana Code 13-1-101
• Several: means two or more. See Montana Code 1-1-201
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Special election: means an election held on a day other than the day specified for a primary election, general election, or regular school election. 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
• Statewide ballot issue: means a statewide initiative or a statewide referendum. See Montana Code 13-27-110
• Statewide initiative: means a constitutional initiative, a constitutional convention initiative, or a statutory initiative. See Montana Code 13-27-110
• Statewide referendum: means a constitutional referendum, a constitutional convention referendum, a legislative referendum, or a statutory referendum. See Montana Code 13-27-110
• Statewide referendum referred to a vote of the people by the legislature: means a constitutional referendum, a constitutional convention referendum, or a legislative referendum. See Montana Code 13-27-110
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Statutory initiative: means an initiative to enact statutory law as authorized in Article III, section 4, of the Montana constitution. See Montana Code 13-27-110
• 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
• Subpoena: A command to a witness to appear and give testimony.
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• 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
• Writing: includes printing. See Montana Code 1-1-203