Senate Bill No. [insert bill number] proposes significant revisions to the Montana Recall Act, primarily by eliminating the requirement for a statement of reasons or grounds for recalling a public officer holding an elective office. The bill stipulates that any public officer can be recalled by qualified electors without needing to provide justification, although if a statement is voluntarily included in the recall petition, its sufficiency will be determined by the voters rather than the judiciary. Additionally, the bill revises the form of the recall petition to reflect these changes, allowing for a statement of reasons to be included but not mandating it.
The bill also amends several sections of the Montana Code Annotated (MCA) to align with these changes, including the notification process to the officer being recalled and the form of the ballot used in recall elections. Notably, it removes previous language that specified grounds for recall, such as physical or mental incompetence and official misconduct, and instead emphasizes that a statement of reasons is not required for the recall process. Furthermore, it clarifies that failure to report by a school trustee constitutes official misconduct and subjects them to recall under the Montana Recall Act. Overall, the bill aims to streamline the recall process and empower voters to make decisions without the constraints of predefined grounds for recall.
Statutes affected: LC Text: 2-16-603, 2-16-616, 2-16-617, 2-16-621, 2-16-633, 5-7-305, 20-4-114
SB0130_1(1): 2-16-603, 2-16-616, 2-16-617, 2-16-621, 2-16-633, 5-7-305, 20-4-114
SB0130_1(2): 2-16-603, 2-16-616, 2-16-617, 2-16-621, 2-16-633, 5-7-305, 20-4-114
SB0130_1(3): 2-16-603, 2-16-616, 2-16-617, 2-16-621, 2-16-633, 5-7-305, 20-4-114
SB0130_1(4): 2-16-603, 2-16-616, 2-16-617, 2-16-621, 2-16-633, 5-7-305, 20-4-114
SB0130_1(5): 2-16-603, 2-16-616, 2-16-617, 2-16-621, 2-16-633, 5-7-305, 20-4-114
SB0130_1(6): 2-16-603, 2-16-616, 2-16-617, 2-16-621, 2-16-633, 5-7-305, 20-4-114
SB0130_1: 2-16-603, 2-16-616, 2-16-617, 2-16-621, 2-16-633, 5-7-305, 20-4-114