Montana Recall Act
Montana · Government Structure and Administration · §§ 2-16-601 to 2-16-635 · 22 sections
Overview
The act governs the removal of elected or appointed public officers through voter recall, identifying which officers are subject to it and the grounds on which a recall may be sought, while preserving other removal methods as alternatives rather than replacing them. Its central mechanism is the recall petition: the act sets who is qualified to sign, the number of electors required, the required form of the petition and its circulation sheets, how completed sheets are submitted and how county officials verify the signatures, along with limits on when petitions may be brought, penalties for false signatures, and a judicial remedy if an officer refuses to accept a petition for filing. A sufficient petition triggers notice to the targeted officer — who may respond with a statement of justification or resign — followed by a special recall election governed by rules on notice, ballot form, conduct, and expenses, with the officer continuing in office until the results are declared and with provision for filling any resulting vacancy.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Mont. Code Ann. § 2-16-601Short title
- Mont. Code Ann. § 2-16-602Definitions
- Mont. Code Ann. § 2-16-603Officers subject to recall -- grounds for recall
- Mont. Code Ann. § 2-16-604through 2-16-610 reserved
- Mont. Code Ann. § 2-16-611Method of removal cumulative
- Mont. Code Ann. § 2-16-612Persons qualified to petition -- penalty for false signatures
- Mont. Code Ann. § 2-16-613Limitations on recall petitions
- Mont. Code Ann. § 2-16-614Number of electors required for recall petition
- Mont. Code Ann. § 2-16-615Filing of recall petitions -- mandamus for refusal
- Mont. Code Ann. § 2-16-616Form of recall petition
- Mont. Code Ann. § 2-16-617Form of circulation sheets
- Mont. Code Ann. § 2-16-618Forms not mandatory
- Mont. Code Ann. § 2-16-619Submission of circulation sheets -- certification of signatures
- Mont. Code Ann. § 2-16-620County clerk to verify signatures
- Mont. Code Ann. § 2-16-621Notification to officer -- statement of justification
- Mont. Code Ann. § 2-16-622Resignation of officer -- proclamation of election
- Mont. Code Ann. § 2-16-623through 2-16-630 reserved
- Mont. Code Ann. § 2-16-631Notice of recall election
- Mont. Code Ann. § 2-16-632Conduct of special elections
- Mont. Code Ann. § 2-16-633Form of ballot
- Mont. Code Ann. § 2-16-634Expenses of election
- Mont. Code Ann. § 2-16-635Officer to remain in office until results declared -- filling of vacancy
Enacted in other states
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