13-35-107. Voiding election. (1) (a) If a court finds that the violation of any provision of this title by any person probably affected the outcome of any election, the result of that election may be held void and a special election held at least 85 days after the finding.
(b) If the violation occurred during a primary election, the court may direct the selection of a new candidate according to the provisions of state law relating to the filling of vacancies on the general election ballot. Except as provided in subsection (2), an action to void an election must be commenced within 1 year after the date of the election in question.
(2) An action to void a bond election must be commenced within 60 days after the date of the election in question.
History: En. 23-47-107 by Sec. 7, Ch. 334, L. 1977; R.C.M. 1947, 23-47-107; amd. Sec. 216, Ch. 571, L. 1979; amd. Sec. 38, Ch. 250, L. 1985; amd. Sec. 14, Ch. 292, L. 2009; amd. Sec. 191, Ch. 49, L. 2015.
Structure Montana Code Annotated
Chapter 35. Election and Campaign Practices and Criminal Provisions
13-35-101. Election code not to supersede criminal code -- statute of limitations
13-35-102. Trivial benefits not covered by criminal provisions
13-35-103. Violations as misdemeanor
13-35-104. Attempt as a violation
13-35-105. Aiding and abetting
13-35-106. Ineligibility to hold office because of conviction