13-37-127. Withholding of certificates of nomination or election. (1) A certificate of election may not be granted to any candidate until the candidate or the candidate's treasurer has filed the reports and statements that must be filed pursuant to the provisions of this chapter. A candidate for an elective office may not assume the powers and duties of that office until the candidate has received a certificate of election as provided by law. A certificate of election may only be issued by the public official responsible for issuing a certificate or commission of election.
(2) In carrying out the mandate of this section, the commissioner must, by written statement, notify the public official responsible for issuing a certificate of nomination or election that a candidate or the candidate's treasurer has complied with the provisions of this chapter as described in subsection (1) and that a certificate of nomination or election may be issued.
History: En. 23-4792 by Sec. 17, Ch. 480, L. 1975; R.C.M. 1947, 23-4792; amd. Sec. 243, Ch. 571, L. 1979; amd. Sec. 14, Ch. 401, L. 2001.
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