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68th Legislature 2023 SB 61.1
1 SENATE BILL NO. 61
2 INTRODUCED BY J. ELLIS
3 BY REQUEST OF THE COMMISSIONER OF POLITICAL PRACTICES
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT CLARIFYING THE DEFINITION OF "ELECTION OFFICIAL";
6 CLARIFYING PROHIBITIONS ON INTERFERENCE WITH ELECTION OFFICIALS AND ELECTION
7 WORKERS; AMENDING SECTIONS 13-1-101, 13-35-202, 13-35-203, AND 13-37-234, MCA; AND
8 PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 1. Section 13-1-101, MCA, is amended to read:
13 "13-1-101. Definitions. As used in this title, unless the context clearly indicates otherwise, the
14 following definitions apply:
15 (1) "Active elector" means an elector whose name has not been placed on the inactive list due to
16 failure to respond to confirmation notices pursuant to 13-2-220 or 13-19-313.
17 (2) "Active list" means a list of active electors maintained pursuant to 13-2-220.
18 (3) "Anything of value" means any goods that have a certain utility to the recipient that is real and
19 that is ordinarily not given away free but is purchased.
20 (4) "Application for voter registration" means a voter registration form prescribed by the secretary
21 of state that is completed and signed by an elector, is submitted to the election administrator, and contains
22 voter registration information subject to verification as provided by law.
23 (5) "Ballot" means a paper ballot counted manually or a paper ballot counted by a machine, such
24 as an optical scan system or other technology that automatically tabulates votes cast by processing the paper
25 ballots.
26 (6) (a) "Ballot issue" or "issue" means a proposal submitted to the people at an election for their
27 approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment,
28 recall question, school levy question, bond issue question, or ballot question.
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68th Legislature 2023 SB 61.1
1 (b) For the purposes of chapters 35 and 37, an issue becomes a "ballot issue" upon certification by
2 the proper official that the legal procedure necessary for its qualification and placement on the ballot has been
3 completed, except that a statewide issue becomes a "ballot issue" upon preparation and transmission by the
4 secretary of state of the form of the petition or referral to the person who submitted the proposed issue.
5 (7) "Ballot issue committee" means a political committee specifically organized to support or
6 oppose a ballot issue.
7 (8) "Candidate" means:
8 (a) an individual who has filed a declaration or petition for nomination, acceptance of nomination,
9 or appointment as a candidate for public office as required by law;
10 (b) for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and
11 retained contributions, made expenditures, or given consent to an individual, organization, political party, or
12 committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure
13 nomination or election to any office at any time, whether or not the office for which the individual will seek
14 nomination or election is known when the:
15 (i) solicitation is made;
16 (ii) contribution is received and retained; or
17 (iii) expenditure is made; or
18 (c) an officeholder who is the subject of a recall election.
19 (9) (a) "Contribution" means:
20 (i) the receipt by a candidate or a political committee of an advance, gift, loan, conveyance,
21 deposit, payment, or distribution of money or anything of value to support or oppose a candidate or a ballot
22 issue;
23 (ii) an expenditure, including an in-kind expenditure, that is made in coordination with a candidate
24 or ballot issue committee and is reportable by the candidate or ballot issue committee as a contribution;
25 (iii) the receipt by a political committee of funds transferred from another political committee; or
26 (iv) the payment by a person other than a candidate or political committee of compensation for the
27 personal services of another person that are rendered to a candidate or political committee.
28 (b) The term does not mean:
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68th Legislature 2023 SB 61.1
1 (i) services provided without compensation by individuals volunteering a portion or all of their time
2 on behalf of a candidate or political committee;
3 (ii) meals and lodging provided by individuals in their private residences for a candidate or other
4 individual;
5 (iii) the use of a person's real property for a fundraising reception or other political event; or
6 (iv) the cost of a communication not for distribution to the general public by a religious organization
7 exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held
8 religious beliefs or practices.
9 (c) This definition does not apply to Title 13, chapter 37, part 6.
10 (10) "Coordinated", including any variations of the term, means made in cooperation with, in
11 consultation with, at the request of, or with the express prior consent of a candidate or political committee or an
12 agent of a candidate or political committee.
13 (11) "De minimis act" means an action, contribution, or expenditure that is so small that it does not
14 trigger registration, reporting, disclaimer, or disclosure obligations under Title 13, chapter 35 or 37, or warrant
15 enforcement as a campaign practices violation under Title 13, chapter 37.
16 (12) "Disability" means a temporary or permanent mental or physical impairment such as:
17 (a) impaired vision;
18 (b) impaired hearing;
19 (c) impaired mobility. Individuals having impaired mobility include those who require use of a
20 wheelchair and those who are ambulatory but are physically impaired because of age, disability, or disease.
21 (d) impaired mental or physical functioning that makes it difficult for the person to participate in the
22 process of voting.
23 (13) "Election" means a general, special, or primary election held pursuant to the requirements of
24 state law, regardless of the time or purpose.
25 (14) (a) "Election administrator" means, except as provided in subsection (14)(b), the county clerk
26 and recorder or the individual designated by a county governing body to be responsible for all election
27 administration duties, except that with regard to school elections not administered by the county, the term
28 means the school district clerk.
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68th Legislature 2023 SB 61.1
1 (b) As used in chapter 2 regarding voter registration, the term means the county clerk and recorder
2 or the individual designated by a county governing body to be responsible for all election administration duties
3 even if the school election is administered by the school district clerk.
4 (15) (a) "Election communication" means the following forms of communication to support or
5 oppose a candidate or ballot issue:
6 (i) a paid advertisement broadcast over radio, television, cable, or satellite;
7 (ii) paid placement of content on the internet or other electronic communication network;
8 (iii) a paid advertisement published in a newspaper or periodical or on a billboard;
9 (iv) a mailing; or
10 (v) printed materials.
11 (b) The term does not mean:
12 (i) an activity or communication for the purpose of encouraging individuals to register to vote or to
13 vote, if that activity or communication does not mention or depict a clearly identified candidate or ballot issue;
14 (ii) a communication that does not support or oppose a candidate or ballot issue;
15 (iii) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any
16 broadcasting station, newspaper, magazine, internet website, or other periodical publication of general
17 circulation;
18 (iv) a communication by any membership organization or corporation to its members, stockholders,
19 or employees;
20 (v) a communication not for distribution to the general public by a religious organization exempt
21 from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious
22 beliefs or practices; or
23 (vi) a communication that the commissioner determines by rule is not an election communication.
24 (16) "Election judge" means a person who is appointed pursuant to Title 13, chapter 4, part 1, to
25 perform duties as specified by law.
26 (17) "Election official" means an election administrator, election deputy, or election judge.
27 (18) "Election worker" means an individual designated by an election official to perform election
28 support duties.
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1 (17)(19) (a) "Electioneering communication" means a paid communication that is publicly distributed by
2 radio, television, cable, satellite, internet website, newspaper, periodical, billboard, mail, or any other
3 distribution of printed materials, that is made within 60 days of the initiation of voting in an election, that does
4 not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the
5 district voting on the candidate or ballot issue, and that:
6 (i) refers to one or more clearly identified candidates in that election;
7 (ii) depicts the name, image, likeness, or voice of one or more clearly identified candidates in that
8 election; or
9 (iii) refers to a political party, ballot issue, or other question submitted to the voters in that election.
10 (b) The term does not mean:
11 (i) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any
12 broadcasting station, newspaper, magazine, internet website, or other periodical publication of general
13 circulation unless the facilities are owned or controlled by a candidate or political committee;
14 (ii) a communication by any membership organization or corporation to its members, stockholders,
15 or employees;
16 (iii) a commercial communication that depicts a candidate's name, image, likeness, or voice only in
17 the candidate's capacity as owner, operator, or employee of a business that existed prior to the candidacy;
18 (iv) a communication that constitutes a candidate debate or forum or that solely promotes a
19 candidate debate or forum and is made by or on behalf of the person sponsoring the debate or forum;
20 (v) a communication not for distribution to the general public by a religious organization exempt
21 from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious
22 beliefs or practices; or
23 (vi) a communication that the commissioner determines by rule is not an electioneering
24 communication.
25 (18)(20) "Elector" means an individual qualified to vote under state law.
26 (19)(21) (a) "Expenditure" means a purchase, payment, distribution, loan, advance, promise, pledge,
27 or gift of money or anything of value:
28 (i) made by a candidate or political committee to support or oppose a candidate or a ballot issue;
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68th Legislature 2023 SB 61.1
1 (ii) made by a candidate while the candidate is engaging in campaign activity to pay child-care
2 expenses as provided in 13-37-220; or
3 (iii) used or intended for use in making independent expenditures or in producing electioneering
4 communications.
5 (b) The term does not mean:
6 (i) services, food, or lodging provided in a manner that they are not contributions under subsection
7 (9);
8 (ii) except as provided in subsection (19) (21)(a)(ii), payments by a candidate for personal travel
9 expenses, food, clothing, lodging, or personal necessities for the candidate and the candidate's family;
10 (iii) the cost of any bona fide news story, commentary, blog, or editorial distributed through the
11 facilities of any broadcasting station, newspaper, magazine, or other periodical publication of general
12 circulation;
13 (iv) the cost of any communication by any membership organization or corporation to its members
14 or stockholders or employees;
15 (v) the use of a person's real property for a fundraising reception or other political event; or
16 (vi) the cost of a communication not for distribution to the general public by a religious organization
17 exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held
18 religious beliefs or practices.
19 (c) This definition does not apply to Title 13, chapter 37, part 6.
20 (20)(22) "Federal election" means an election in even-numbered years in which an elector may vote for
21 individuals for the office of president of the United States or for the United States congress.
22 (21)(23) "General election" means an election that is held for offices that first appear on a primary
23 election ballot, unless the primary is cancelled as authorized by law, and that is held on a date specified in 13-
24 1-104.
25 (22)(24) "Inactive elector" means an individual who failed to respond to confirmation notices and
26 whose name was placed on the inactive list pursuant to 13-2-220 or 13-19-313.
27 (23)(25) "Inactive list" means a list of inactive electors maintained pursuant to 13-2-220 or 13-19-313.
28 (24)(26) (a) "Incidental committee" means a political committee that is not specifically organized or
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1 operating for the primary purpose of supporting or opposing candidates or ballot issues but that may
2 incidentally become a political committee by receiving a contribution or making an expenditure.
3 (b) For the purpose of this subsection (24) (26), the primary purpose is determined by the
4 commissioner by rule and includes criteria such as the allocation of budget, staff, or members' activity or the
5 statement of purpose or goal of the person or individuals that form the committee.
6 (25)(27) "Independent committee" means a political committee organized for the primary purpose of
7 receiving contributions and making expenditures that is not controlled either directly or indirectly by a candidate
8 and that does not coordinate with a candidate in conjunction with the making of expenditures except pursuant
9 to the limits set forth in 13-37-216(1).
10 (26)(28) "Independent expenditure" means an expenditure for an election communication to support or
11 oppose a candidate or ballot issue made at any time that is not coordinated with a candidate or ballot issue
12 committee.
13 (27)(29) "Individual" means a human being.
14 (28)(30) "Legally registered elector" means an individual whose application for voter registration was
15 accepted, processed, and verified as provided by law.
16 (29)(31) "Mail ballot election" means any election that is conducted under Title 13, chapter 19, by
17 mailing ballots to all active electors.
18 (30)(32) "Person" means an individual, corporation, association, firm, partnership, cooperative,
19 committee, including a political committee, club, union, or other organization or group of individuals or a
20 candidate as defined in subsection (8).
21 (31)(33) "Place of deposit" means a location designated by the election administrator pursuant to 13-
22 19-307 for a mail ballot election conducted under Title 13, chapter 19.
23 (32)(34) (a) "Political committee" means a combination of two or more individuals or a person oth