13-35-225. Election materials not to be anonymous -- notice -- penalty. (1) All election communications, electioneering communications, and independent expenditures must clearly and conspicuously include the attribution "paid for by" followed by the name and address of the person who made or financed the expenditure for the communication. The attribution must contain:
(a) for election communications or electioneering communications financed by a candidate or a candidate's campaign finances, the name and the address of the candidate or the candidate's campaign;
(b) for election communications, electioneering communications, or independent expenditures financed by a political committee or a joint fundraising committee, the name of the committee, the name of the committee treasurer, deputy treasurer, secretary, vice chairperson, or chairperson, as designated pursuant to 13-37-201(2)(b), and the address of the committee or the named committee officer; and
(c) for election communications, electioneering communications, or independent expenditures financed by a political committee that is a corporation or a union, the name of the corporation or union, its chief executive officer or equivalent, and the address of the principal place of business.
(2) Communications in a partisan election financed by a candidate, a political committee organized on the candidate's behalf, or a joint fundraising committee with a participant who is a candidate or a political committee organized on the candidate's behalf must state the candidate's party affiliation or include the party symbol.
(3) If a document or other article of advertising is too small for the requirements of subsections (1) and (2) to be conveniently included, the candidate responsible for the material or the person financing the communication shall file a copy of the article with the commissioner of political practices, together with the required information or statement, at the time of its public distribution.
(4) If information required in subsections (1) and (2) is omitted or not printed or if the information required by subsection (3) is not filed with the commissioner, upon discovery of or notification about the omission, the candidate responsible for the material or the person financing the communication shall:
(a) file notification of the omission with the commissioner of political practices within 2 business days of the discovery or notification;
(b) bring the material into compliance with subsections (1) and (2) or file the information required by subsection (3) with the commissioner; and
(c) withdraw any noncompliant communication from circulation as soon as reasonably possible.
(5) Whenever the commissioner receives a complaint alleging any violation of subsections (1) and (2), the commissioner shall as soon as practicable assess the merits of the complaint.
(6) (a) If the commissioner determines that the complaint has merit, the commissioner shall notify the complainant and the candidate or political committee of the commissioner's determination. The notice must state that the candidate or political committee shall bring the material into compliance as required under this section:
(i) within 2 business days after receiving the notification if the notification occurs more than 7 days prior to an election; or
(ii) within 24 hours after receiving the notification if the notification occurs 7 days or less prior to an election.
(b) When notifying the candidate or campaign committee under subsection (6)(a), the commissioner shall include a statement that if the candidate, political committee, or joint fundraising committee fails to bring the material into compliance as required under this section, the candidate, political committee, or joint fundraising committee is subject to a civil penalty pursuant to 13-37-128.
History: En. 23-47-133 by Sec. 33, Ch. 334, L. 1977; R.C.M. 1947, 23-47-133; amd. Sec. 221, Ch. 571, L. 1979; amd. Sec. 1, Ch. 368, L. 1987; amd. Sec. 1, Ch. 23, L. 1991; amd. Sec. 1, Ch. 482, L. 1991; amd. Sec. 1, Ch. 415, L. 2003; amd. Sec. 1, Ch. 419, L. 2003; amd. Sec. 1, Ch. 367, L. 2013; amd. Sec. 1, Ch. 423, L. 2013; amd. Sec. 3, Ch. 259, L. 2015; amd. Sec. 1, Ch. 212, L. 2019; amd. Sec. 1, Ch. 319, L. 2019; amd. Sec. 4, Ch. 494, L. 2021.
Structure Montana Code Annotated
Chapter 35. Election and Campaign Practices and Criminal Provisions
13-35-201. Electors and ballots
13-35-202. Conduct of election officials and election judges
13-35-203. Interference with officials
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. Limits on voting rights
13-35-211. Electioneering -- soliciting information from electors
13-35-213. Preventing public meetings of electors
13-35-214. Illegal influence of voters
13-35-215. Illegal consideration for voting
13-35-217. Officers not to influence voter
13-35-218. Coercion or undue influence of voters
13-35-220. Bribing members of political gatherings
13-35-221. Improper nominations
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
13-35-231. Unlawful for political party to contribute to judicial candidate
13-35-235. Incorrect election procedures information
13-35-237. Disclaimer on election materials funded by anonymous contributors
13-35-238. and 13-35-239 reserved