13-37-126. Names not to appear on ballot. (1) The name of a candidate may not appear on the official ballot for an election if the candidate or a treasurer for a candidate fails to file any statement or report as required by 2-2-106 or this chapter.
(2) A vacancy on an official ballot under this section may be filled in the manner provided by law, but not by the same candidate.
(3) (a) In carrying out the mandate of this section, the commissioner shall, by a written statement, notify the secretary of state and the election administrator conducting an election when a candidate or a candidate's treasurer has not complied with 2-2-106 or the provisions of this chapter and that the candidate's name may not appear on the official ballot.
(b) The commissioner shall provide the notification:
(i) 2 calendar days before the certification deadline provided in 13-10-208 for statewide primary elections and 20-20-401 for school district elections; and
(ii) 7 days before the certification deadline provided in 13-12-201 for general elections.
History: En. 23-4791 by Sec. 16, Ch. 480, L. 1975; R.C.M. 1947, 23-4791; amd. Sec. 242, Ch. 571, L. 1979; amd. Sec. 1, Ch. 25, L. 1997; amd. Sec. 13, Ch. 401, L. 2001; amd. Sec. 86, Ch. 414, L. 2003; amd. Sec. 15, Ch. 292, L. 2009; amd. Sec. 1, Ch. 147, L. 2013; amd. Sec. 60, Ch. 336, L. 2013; amd. Sec. 192, Ch. 49, L. 2015.
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