13-37-131. Misrepresentation of voting record. (1) It is unlawful for a person to misrepresent a candidate's public voting record with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false.
(2) It is unlawful for a person to misrepresent to a candidate another candidate's public voting record with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false.
(3) For the purposes of this section, the public voting record of a candidate who was previously a member of the legislature includes a vote of that candidate recorded in committee minutes or in journals of the senate or the house of representatives. Failure of a person to verify a public voting record is evidence of the person's reckless disregard if the statement made by the person or the information provided to the candidate is false.
(4) A person violating subsection (1) or (2) is liable in a civil action brought by the commissioner or county attorney pursuant to 13-37-124 for an amount up to $1,000. An action pursuant to this section is subject to the provisions of 13-37-129 and 13-37-130.
History: En. Sec. 1, Ch. 483, L. 1995; amd. Sec. 1, Ch. 352, L. 1999; amd. Sec. 2, Ch. 367, L. 2013.
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