13-36-210. Punishment. If, upon the trial of any action or proceeding under the provisions of this title to contest the right of any person to be declared to be nominated to an office or elected to an office or to annul and set aside the election or to remove any person from office, it appears that the person was guilty of any corrupt practice, illegal act, or undue influence in or about the nomination or election, the person must be punished by being deprived of the nomination or office and the vacancy must be filled in the manner provided by law. The only exceptions to this judgment are those provided in 13-36-209. The judgment does not prevent the candidate or officer from being proceeded against by indictment or criminal information for any act or acts.
History: En. Sec. 39, Init. Act, Nov. 1912; re-en. Sec. 10804, R.C.M. 1921; re-en. Sec. 10804, R.C.M. 1935; Sec. 94-1458, R.C.M. 1947; redes. 23-4758 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 56, Ch. 365, L. 1977; R.C.M. 1947, 23-4758; amd. Sec. 114, Ch. 56, L. 2009.
Structure Montana Code Annotated
13-36-201. Contents of contest petition
13-36-202. Reception of illegal votes -- allegations and evidence
13-36-206. Notice of filing -- prompt hearing
13-36-208. Advancement of cases -- dismissal -- privileges of witnesses
13-36-209. Forfeiture of nomination or office for violation of law -- when inappropriate
13-36-211. When nomination or election not to be vacated
13-36-212. Declaration of result of election after rejection of illegal votes