67th Legislature SB 350.1
1 SENATE BILL NO. 350
2 INTRODUCED BY G. HERTZ
3 BY REQUEST OF THE SECRETARY OF STATE
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING ELECTION LAWS RELATED TO MINOR
6 PARTIES; PROVIDING REQUIREMENTS FOR A MINOR PARTY TO QUALIFY THAT POLITICAL PARTY BY
7 PETITION TO NOMINATE ITS CANDIDATES FOR OFFICE BY PRIMARY ELECTION; PROVIDING THAT
8 ANY ELECTOR MAY SUBMIT A MINOR PARTY PETITION; PROVIDING DEADLINES FOR AN ELECTOR
9 TO REMOVE THE ELECTOR'S NAME FROM A MINOR PARTY PETITION; PROVIDING PROCEDURES TO
10 VERIFY ELECTORS' SIGNATURES ON A MINOR PARTY PETITION; REVISING PROCEDURES TO
11 CERTIFY A MINOR PARTY PETITION; PROVIDING RETENTION REQUIREMENTS FOR DOCUMENTS
12 ASSOCIATED WITH MINOR PARTY PETITIONS; PROVIDING THAT MONEY SPENT TO OPPOSE A
13 MINOR PARTY'S PETITION TO QUALIFY TO HOLD A PRIMARY MUST BE DISCLOSED AND REPORTED
14 IN THE SAME MANNER AS MONEY SPENT TO SUPPORT SUCH AN EFFORT; PROVIDING RULEMAKING
15 AUTHORITY; AMENDING SECTIONS 13-10-601, 13-10-605, 13-37-601, 13-37-603, 13-37-604, AND 13-37-
16 605, MCA; AND PROVIDING AN APPLICABILITY DATE.”
17
18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
19
20 NEW SECTION. Section 1. Submission and form of minor party petition. (1) (a) Any elector may
21 present a petition to the secretary of state to request that a political party that does not qualify to hold a primary
22 election under 13-10-601(1) may qualify to nominate its candidates by primary election.
23 (b) The petition must be in the form prescribed by the secretary of state.
24 (2) The petition must be signed by a number of registered voters equal to 5% or more of the total
25 votes cast for the successful candidate for governor at the last general election or 5,000 electors, whichever is
26 less. The number must include the registered voters in at least one-third of the legislative districts equal to 5%
27 or more of the total votes cast for the successful candidate for governor at the last general election in those
28 districts or 150 electors in those districts, whichever is less.
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1 (3) Signed sheets or sections of petitions with original signatures and the affidavits of circulation as
2 provided in [section 2] must be submitted to the official responsible for registration of electors in the county in
3 which the signatures were obtained no sooner than 9 months and no later than 4 weeks before the final date for
4 filing the petition with the secretary of state as provided in [section 4(2)].
5 (4) (a) An elector may withdraw the elector's signature from a petition under [this part] until the final
6 submission of petition sheets as provided in subsection (3).
7 (b) The county election administrator may consider an elector's request for an elector's name to be
8 withdrawn only after verification that the elector requesting to be withdrawn from the petition is the same elector
9 who signed the petition.
10
11 NEW SECTION. Section 2. Verification of signatures. An affidavit, in substantially the following
12 form, must be attached to each sheet or section submitted to the county official:
13 I, (name of person who is the signature gatherer), swear that I/we gathered the signatures on the
14 petition to which this affidavit is attached on the stated dates, that I believe the signatures on the petition are
15 genuine, are the signatures of the persons whose names they purport to be, and are the signatures of Montana
16 electors who are registered at the address or have the telephone number following the person's signature, and
17 that I/we told the signers the contents of the petition before signing they signed the petition.
18 ______________________________________
19 (Date on which the first signature was gathered)
20 ______________________________________
21 (Signature of petition signature gatherer)
22 ______________________________________
23 (Address of petition signature gatherer)
24 Subscribed and sworn to before me this ___ day of _________, 20__
25 Seal ______________________________________
26 (Person authorized to take oaths)
27 ______________________________________
28 (Title or notarial information)
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1
2 NEW SECTION. Section 3. Verification of signatures by county -- fraudulent or duplicate
3 signatures. (1) The county official shall check the names of all signers to verify they are registered electors. In
4 addition, the official shall check all signatures on each sheet or section and compare them with the signatures
5 of the electors as they appear in the records of the office. A signature may not be counted unless the elector
6 has signed in substantially the same manner as it appears in the records of the office. If the elector is registered
7 with a first and middle name, the use of an initial instead of either the first or middle name, but not both names,
8 need not disqualify the signature. The signature may be counted so long as the signature, taken as a whole,
9 bears sufficient similarity to the signature on the registration form as to provide reasonable certainty of its
10 authenticity.
11 (2) Upon discovery of fraudulent signatures or duplicate signatures of an elector on any one issue, the
12 election administrator may submit the name of the elector or the signature gatherer, or both, to the county
13 attorney to be investigated under the provisions of [section 7] and 13-35-207.
14
15 NEW SECTION. Section 4. County official to forward verified sheets. (1) The county official
16 verifying the number of registered electors signing the petition shall forward it to the secretary of state by
17 certified mail with a certificate in substantially the following form attached:
18 To the Honorable ____________, Secretary of State of the state of Montana:
19 I, ____________, ___________ (title) of the County of __________, certify that I have examined the
20 attached sheets of the petition to qualify the ____________ political party to nominate its candidates by primary
21 election in the manner prescribed by law; and I believe that ____ (number) signatures in (Legislative
22 Representative District No. ____) (repeat for each district included in sheet or section) are valid; and I further
23 certify that the affidavit of the signature gatherer of the petition is attached.
24 Signed:______________ (Date) _______________ (Signature)
25 Seal _________________________ (Title)
26 (2) The county official verifying the number of registered electors signing the petition shall ensure that
27 it is received by the secretary of state at least 95 days before the date of the primary.
28
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1 NEW SECTION. Section 5. Certification of minor party petition. (1) When a petition containing a
2 sufficient number of verified signatures has been filed and verified with the secretary of state as provided in this
3 part, the secretary of state shall immediately certify that the completed petition qualifies the party to hold a
4 primary election.
5 (2) If a filed petition does not meet the requirements of this part, the secretary of state shall certify that
6 the political party does not qualify to nominate its candidates for public office by primary election.
7 (3) If a petition is filed under this part, the secretary of state shall certify the petition under subsection
8 (1) or (2) at least 88 days before the date of the primary.
9
10 NEW SECTION. Section 6. Retention of copies by county official. The county official certifying the
11 sheets or sections of a petition shall keep a copy of the sheets or sections certified in the official files of the
12 official's office. The copies may be destroyed 3 months after the date the petition was certified unless a court
13 action is pending on the sufficiency of the petition. If a court action is brought within 3 months after the date the
14 petition is certified, the county official may destroy the files only after final disposition of the court action.
15
16 NEW SECTION. Section 7. Violations -- penalties. A person who knowingly makes a false entry on
17 a petition or affidavit under this part or who knowingly signs a petition to qualify the same political party for the
18 same primary election more than once is guilty of unsworn falsification or tampering with public records or
19 information, as appropriate, and is punishable as provided in 45-7-203 or 45-7-208, as applicable.
20
21 NEW SECTION. Section 8. Rulemaking. The secretary of state shall adopt rules to implement the
22 provisions of this part.
23
24 Section 9. Section 13-10-601, MCA, is amended to read:
25 "13-10-601. Parties eligible for primary election -- petitions by minor parties. (1) Each political
26 party that had a candidate for a statewide office in either of the last two general elections who received a total
27 vote that was 5% or more of the total votes cast for the most recent successful candidate for governor shall
28 nominate its candidates for public office, except for presidential electors, by a primary election as provided in
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1 this chapter.
2 (2) (a) A After certification of a petition by the secretary of state under [section 5(1)], a political party
3 that does not qualify to hold a primary election under subsection (1) may qualify to nominate its candidates by
4 primary election by presenting a petition, in a form prescribed by the secretary of state, requesting the primary
5 election shall nominate its candidates for public office by primary election. However, this section may not be
6 construed to prohibit an election administrator from not preparing a primary election ballot pursuant to 13-10-
7 209.
8 (b) The petition must be signed by a number of registered voters equal to 5% or more of the total
9 votes cast for the successful candidate for governor at the last general election or 5,000 electors, whichever is
10 less. The number must include the registered voters in more than one-third of the legislative districts equal to
11 5% or more of the total votes cast for the successful candidate for governor at the last general election in those
12 districts or 150 electors in those districts, whichever is less.
13 (c) At least 1 week before the deadline provided in subsection (2)(d), the petition and the affidavits of
14 circulation required by 13-27-302must be presented to the election administrator of the county in which the
15 signatures were gathered to be verified under the procedures provided in 13-27-303 through 13-27-306.
16 (d) The election administrator shall forward the verified petition to the secretary of state at least 85
17 days before the date of the primary."
18
19 Section 10. Section 13-10-605, MCA, is amended to read:
20 "13-10-605. Qualifying minor political parties -- reports required. (1) A person who spends or
21 receives money in furtherance of to support or oppose an effort to qualify a minor political party for primary
22 elections using the petitions described in 13-10-601(2) [section 1] shall comply with the provisions of Title 13,
23 chapter 37, part 6.
24 (2) For the purposes of this section, "support or oppose" has the meaning as provided in 13-37-601."
25
26 Section 11. Section 13-37-601, MCA, is amended to read:
27 "13-37-601. Definitions. For the purposes of this part, the following definitions apply:
28 (1) (a) "Contribution" means:
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1 (i) the receipt by a reporting entity of an advance, gift, loan, conveyance, deposit, payment, or
2 distribution of money in furtherance of to support or oppose an effort to qualify a minor party for primary
3 elections using a minor party petition;
4 (ii) an expenditure that is made in coordination with a minor party qualification committee formed by
5 the minor party that is reportable by the minor party qualification committee as a contribution;
6 (iii) the receipt of funds transferred from another reporting entity for use in furtherance of to support or
7 oppose an effort to qualify a minor party for primary elections using a minor party petition; or
8 (iv) the payment by a person other than a reporting entity of compensation for the personal services of
9 another person that are rendered to the reporting entity in furtherance of to support or oppose an effort to
10 qualify a minor party for primary elections using a minor party petition.
11 (b) The term does not mean services provided without compensation by individuals volunteering a
12 portion or all of their time on behalf of the reporting entity.
13 (2) (a) "Expenditure" means a purchase, payment, distribution, loan, advance, promise, pledge, or
14 gift of money made by a reporting entity in furtherance of to support or oppose an effort to qualify a minor party
15 for primary elections using a minor party petition.
16 (b) The term does not mean:
17 (i) services, food, or lodging provided in a manner that they are not contributions under subsection
18 (1);
19 (ii) the cost of any bona fide news story, commentary, blog, or editorial distributed through the facilities
20 of any broadcasting station, newspaper, magazine, or other periodical publication of general circulation; or
21 (iii) the cost of any communication by a membership organization or corporation to its members or
22 stockholders or employees.
23 (3) "In furtherance of" means referring to or depicting a minor political party in a manner that is
24 susceptible to no reasonable interpretation other than as a call for the political party to qualify to hold a primary
25 election.
26 (4)(3) "Minor party" means a political party that does not qualify to hold a primary election under 13-
27 10-601(1).
28 (5)(4) "Minor party petition" means a petition described by 13-10-601(2) [section 1].
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1 (6)(5) "Minor party qualification committee" means a combination of two or more individuals or a
2 person other than an individual organized in furtherance of to support or oppose an effort to qualify a minor
3 political party for primary elections using a minor party petition.
4 (7)(6) (a) "Reporting entity" means the following entities that receive at least $500 in aggregate
5 contributions in a calendar year or make at least $500 in aggregate expenditures in a calendar year:
6 (i) except as provided by subsection (7)(b) (6)(b), an individual; or
7 (ii) a minor party qualification committee.
8 (b) The term does not mean an individual if the individual's contributions and expenditures are
9 otherwise reportable by a minor party qualification committee. This exception includes but is not limited to an
10 individual who is a signature gatherer if the signature gathering company, partnership, or other business
11 organization that directly hires, supervises, and pays the individual is otherwise required to report as a minor
12 party qualification committee under this p