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
Chapter 37. Control of Campaign Practices
Part 1. Commissioner of Political Practices
13-37-102. Creation of office -- nomination -- appointment -- removal
13-37-105. Impeachment and prosecution of commissioner
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
13-37-115. Orders of noncompliance
13-37-117. Commissioner to provide forms, manuals, and election laws
13-37-118. Information voluntarily supplied
13-37-119. Availability of information
13-37-121. 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