Senate Bill No. [number], introduced by J. Trebas, aims to revise the Montana Recall Act by eliminating the requirement for a statement of reasons or grounds for recalling a public officer holding an elective office. The bill stipulates that if a statement is voluntarily provided in a recall petition, the sufficiency of that statement will be determined by the qualified electors of Montana rather than the judiciary. Additionally, the bill revises the form of the recall petition to clarify that while a statement of reasons may be included, it is not mandatory. This change is reflected in amendments to several sections of the Montana Code Annotated (MCA), including 2-16-603, 2-16-616, and 2-16-633.
The bill also includes provisions for notifying the officer named in the recall petition and allows them to prepare a statement justifying their position, which can be printed on the ballot if submitted within a specified timeframe. Other amendments address penalties for violations related to the recall process and clarify that failure to report by a school trustee constitutes official misconduct, making them subject to recall under the Montana Recall Act. Overall, the bill seeks to streamline the recall process and enhance the role of voters in determining the validity of recall petitions.
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: 2-16-603, 2-16-616, 2-16-617, 2-16-621, 2-16-633, 5-7-305, 20-4-114