Montana Code Annotated
Part 1. Commissioner of Political Practices
13-37-124. Consultation and cooperation with county attorney

13-37-124. Consultation and cooperation with county attorney. (1) Whenever the commissioner determines that there appears to be sufficient evidence to justify a civil or criminal prosecution under chapter 35 of this title or this chapter, the commissioner shall notify the county attorney of the county in which the alleged violation occurred and shall arrange to transmit to the county attorney all information relevant to the alleged violation. If the county attorney fails to initiate the appropriate civil or criminal action within 30 days after receiving notification of the alleged violation, the commissioner may then initiate the appropriate legal action.
(2) A county attorney may, at any time prior to the expiration of the 30-day time period specified in subsection (1), waive the right to prosecute, and the waiver authorizes the commissioner to initiate the appropriate civil or criminal action.
(3) The provisions of subsection (1) do not apply to a situation in which the alleged violation has been committed by the county attorney of a county. In this instance, the commissioner is authorized to directly prosecute any alleged violation of chapter 35 of this title or this chapter.
(4) If a prosecution is undertaken by the commissioner, all court costs associated with the prosecution must be paid by the state of Montana, and all fines and forfeitures imposed pursuant to a prosecution by the commissioner, except those paid to or imposed by a justice's court, must be deposited in the state general fund.
History: En. 23-4788 by Sec. 13, Ch. 480, L. 1975; amd. Sec. 46, Ch. 334, L. 1977; amd. Sec. 65, Ch. 365, L. 1977; R.C.M. 1947, 23-4788(1) thru (4); amd. Sec. 240, Ch. 571, L. 1979; amd. Sec. 7, Ch. 557, L. 1987; amd. Sec. 11, Ch. 401, L. 2001; amd. Sec. 4, Ch. 407, L. 2007; amd. Sec. 6, Ch. 565, L. 2021.

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