Mont. Code § 13-38-201

Current through the 2023 Regular Session
Section 13-38-201 - Election or appointment of committee representatives at primary - vacancies - tie votes
(1) Each political party shall appoint or elect at each primary election one person of each sex, as defined in 1-1-201, to serve as committee representatives for each election precinct. The committee representatives must be residents and registered voters of the precinct.
(2) If a political party chooses to appoint precinct committee representatives, the political party shall make the appointments as provided in the party's rules.
(3) If a political party chooses to elect precinct committee representatives, the party may:
(a) administer the election itself as provided in the party's rules; or
(b) elect precinct committee representatives in a primary election, subject to 13-10-209 and subsection (4) of this section.
(4) In a primary election for a precinct committee representative:
(a) if the number of candidates nominated for a party's precinct committee representatives is less than or equal to the number of positions to be elected, the election administrator may give notice that a party's precinct committee election will not be held in that precinct;
(b) if a party precinct committee election is not held pursuant to subsection (4)(a), the election administrator shall declare elected by acclamation the candidate who filed for the position or who filed a declaration of intent to be a write-in candidate. The election administrator shall issue a certificate of election to the designated party.
(c) write-in votes for a precinct committee representative may be counted as specified in 13-15-206(5) only if the individual whose name is written in has filed a declaration of intent as a write-in candidate by the deadline prescribed in 13-10-211(1);
(d) in the case of a tie vote for a precinct committee representative position, the county central committee shall determine a winner.
(5) Pursuant to 13-38-101, a vacancy in a precinct committee representative position must be filled by the party governing body as provided in its rules.

§ 13-38-201, MCA

Amended by Laws 2023, Ch. 685,Sec. 7, eff. 10/1/2023.
Amended by Laws 2015, Ch. 420, Sec. 3, eff. 10/1/2015.
Amended by Laws 2013, Ch. 336, Sec. 61, eff. 1/1/2014.
En. Sec. 72, Ch. 368, L. 1969; R.C.M. 1947, 23-3401; amd. Sec. 2, Ch. 367, L. 2003; amd. Sec. 88, Ch. 414, L. 2003; amd. Sec. 136, Ch. 56, L. 2009; amd. Sec. 75, Ch. 242, L. 2011; amd. Sec. 1, Ch. 268, L. 2011.
On 3/24/2014, the Montana Supreme Court removed Montana Primary Election Revision Measure, LR-127, from the ballot for the general election to be held in November 2014. Primary Election Revision Measure, LR-127, was passed by the Montana legislature as Laws 2013, Ch. 269.