Current through the 2023 Regular Session
Section 13-10-211 - Declaration of intent for write-in candidates(1) A person seeking to become a write-in candidate for an office in any election shall file a declaration of intent. Except for a candidate under 13-38-201(4) or a candidate covered under 7-1-205, a candidate may not file for more than one public office. The declaration of intent must be filed with the secretary of state or election administrator, depending on where a declaration of nomination for the desired office is required to be filed under 13-10-201, or with the school district clerk for a school district office. When a county election administrator is conducting the election for a school district, the school district clerk or school district office that receives the declaration of intent shall notify the county election administrator of the filing. Except as provided in 13-1-403, 13-1-503, 20-3-305(3)(b), and subsection (2) of this section, the declaration must be filed no later than 5 p.m. on the 10th day before the earliest date established under 13-13-205 on which a ballot must be available and must contain: (a) the candidate's name, including: (i) the candidate's first and last names;(ii) the candidate's initials, if any, used instead of a first name, or first and middle name, and the candidate's last name;(iii) the candidate's nickname, if any, used instead of a first name, and the candidate's last name; and(iv) a derivative or diminutive name, if any, used instead of a first name, and the candidate's last name;(b) the candidate's mailing address;(c) a statement declaring the candidate's intention to be a write-in candidate;(d) the title of the office sought;(e) the date of the election;(f) the date of the declaration; and(g) the candidate's signature.(2) A declaration of intent may be filed after the deadline provided for in subsection (1) but no later than 5 p.m. on the day before the election if, after the deadline prescribed in subsection (1), a candidate for the office that the write-in candidate is seeking dies or is charged with a felony offense and if the election has not been canceled as provided by law.(3) The secretary of state shall notify each election administrator of the names of write-in candidates who have filed a declaration of intent with the secretary of state. Each election administrator shall notify the election judges in the county or district of the names of write-in candidates who have filed a declaration of intent.(4) A properly completed and signed declaration of intent may be provided to the election administrator or secretary of state: (a) by facsimile transmission;(5) A declaration is not valid until the filing fee required pursuant to 13-10-202 is received by the secretary of state or the election administrator.(6) A write-in candidate who files a declaration of intent for a general election may not file with a partisan, nonpartisan, or independent designation.Amended by Laws 2023, Ch. 206,Sec. 2, eff. 4/20/2023.Amended by Laws 2019, Ch. 141,Sec. 3, eff. 4/17/2019.Amended by Laws 2017, Ch. 242,Sec. 12, eff. 5/3/2017.Amended by Laws 2015, Ch. 420, Sec. 2, eff. 10/1/2015.Amended by Laws 2015, Ch. 49, Sec. 178, eff. 11/4/2015.Amended by Laws 2013, Ch. 336, Sec. 16, eff. 1/1/2014.En. Sec. 1, Ch. 391, L. 1989; amd. Sec. 1, Ch. 143, L. 1995; amd. Sec. 2, Ch. 40, L. 1999; amd. Sec. 1, Ch. 129, L. 1999; amd. Sec. 1, Ch. 15, L. 2001; amd. Sec. 16, Ch. 414, L. 2003; amd. Sec. 19, Ch. 475, L. 2003; amd. Sec. 9, Ch. 586, L. 2005; amd. Sec. 1, Ch. 191, L. 2007; amd. Sec. 8, Ch. 273, L. 2007; amd. Sec. 1, Ch. 338, L. 2007; amd. Sec. 18, Ch. 297, L. 2009; amd. Sec. 22, Ch. 242, 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.