Montana Code Annotated
Part 1. Commissioner of Political Practices
13-37-102. Creation of office -- nomination -- appointment -- removal

13-37-102. Creation of office -- nomination -- appointment -- removal. (1) There is a commissioner of political practices who is appointed by the governor, subject to confirmation by a majority of the senate.
(2) (a) A four-member nomination committee composed of the speaker of the house, the president of the senate, and the minority leaders of both houses of the legislature shall submit to the governor a list of not less than two or more than five names of individuals for the governor's consideration. A majority of the members of the nomination committee shall agree on each nomination.
(b) The governor shall appoint the commissioner from the list of nominees submitted by the nomination committee. However, if the nomination committee fails to submit names agreed to by the majority of the nomination committee members, the governor may appoint anyone who meets the qualifications set forth in 13-37-107.
(3) The individual selected to serve as commissioner may be removed by the governor prior to the expiration of the term only for incompetence, malfeasance, or neglect of duty. The governor's decision to remove the commissioner must be stated in writing, and the sufficiency of the governor's stated causes for removing the commissioner is subject to judicial review.
History: En. 23-4785 by Sec. 10, Ch. 480, L. 1975; amd. Sec. 62, Ch. 365, L. 1977; amd. Sec. 1, Ch. 461, L. 1977; R.C.M. 1947, 23-4785(1), (5); amd. Sec. 1, Ch. 483, L. 1979; amd. Sec. 19, I.M. No. 85, approved Nov. 4, 1980; amd. Sec. 5, Ch. 479, L. 2005; amd. Sec. 16, Ch. 4, Sp. L. May 2007; amd. Sec. 1, Ch. 71, L. 2015.

Structure Montana Code Annotated

Montana Code Annotated

Title 13. Elections

Chapter 37. Control of Campaign Practices

Part 1. Commissioner of Political Practices

13-37-101. Definitions

13-37-102. Creation of office -- nomination -- appointment -- removal

13-37-103. Term of office

13-37-104. Vacancy

13-37-105. Impeachment and prosecution of commissioner

13-37-106. Salary

13-37-107. Commissioner of political practices -- qualifications

13-37-108. Commissioner of political practices -- restrictions

13-37-109. and 13-37-110 reserved

13-37-111. Investigative powers and duties -- recusal

13-37-112. Personnel and budget

13-37-113. Hiring of attorneys -- prosecutions

13-37-114. Rules

13-37-115. Orders of noncompliance

13-37-116. Exercise of powers

13-37-117. Commissioner to provide forms, manuals, and election laws

13-37-118. Information voluntarily supplied

13-37-119. Availability of information

13-37-120. Reports

13-37-121. Inspection of statements and reports -- issuance of orders of noncompliance

13-37-122. Judicial review of orders of noncompliance

13-37-123. Examination of reports after election

13-37-124. Consultation and cooperation with county attorney

13-37-125. Powers of county attorney to investigate

13-37-126. Names not to appear on ballot

13-37-127. Withholding of certificates of nomination or election

13-37-128. Cause of action created

13-37-129. Liability and disposition of fines

13-37-130. Limitation of action

13-37-131. Misrepresentation of voting record

13-37-132. Campaign finance complaint response