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Montana Statutes § 13-1-502 Deadlines for candidate filing, write-in candidacy, and withdrawal - election cancellation - election by acclamation

⤴ Up to Part 5: Special District Elections

Statute Text

(1) Consistent with the candidate filing deadline in 13-10-201 (7) for primary elections and except as provided in subsection (3) for a write-in candidate, the candidate filing deadline for election to a special purpose district office is no sooner than 145 days and no later than 85 days before the election.
(2) Consistent with the withdrawal deadline in 13-10-325 for primary elections, a candidate may not withdraw after the candidate filing deadline provided in subsection (1).
(3) A declaration of intent to be a write-in candidate must be filed with the election administrator by 5 p.m. on the 65th day before the date of the election.
(4)
(a) Except as provided in subsection (4)(b), if by the write-in candidate deadline in subsection (3) the number of candidates is equal to or less than the number of positions to be filled at the election, the election administrator shall cancel the election and, pursuant to 13-1-304 , immediately notify the governing body of the local government in writing of the cancellation. However, the governing body of the local government may by resolution require that the election be held.
(b) For an election of conservation district supervisors held in conjunction with a federal primary or federal general election, if by the candidate filing deadline under subsection (1) the number of candidates is equal to or less than the number of positions to be filled at the election, the election administrator shall cancel the election and immediately notify the governing body of the conservation district in writing of the cancellation. However, the governing body of the conservation district may, by no later than 10 days after the candidate filing deadline, pass a resolution to require that the election be held.
(5)
(a) If an election has been canceled and there is only one candidate for a position, the governing body of the local government or, if appropriate, of the conservation district shall declare the candidate elected to the position by acclamation.
(b) Except as otherwise provided by law:
(i) if an election has been canceled and there are no regular or declared write-in candidates for a position, the governing body of the local government or, if appropriate, of the conservation district shall fill the position by appointment;
(ii) an appointed member shall serve the same term as if the member were elected.

History

Amended by Laws 2017 , Ch. 372 , Sec. 11 , eff. 7/1/2017 .

Amended by Laws 2017 , Ch. 242 , Sec. 9 , eff. 5/3/2017 .

Added by Laws 2015 , Ch. 49 , Sec. 2 , eff. 11/4/2015 .

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Prior Versions of This Statute