Montana Code 2-16-603. Officers subject to recall — grounds for recall
2-16-603. Officers subject to recall — grounds for recall. (1) Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office.
Terms Used In Montana Code 2-16-603
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public office: means a position of duty, trust, or authority created by the constitution or by the legislature or by a political subdivision through authority conferred by the constitution or the legislature that meets the following criteria:
(a)the position must possess a delegation of a portion of the sovereign power of government to be exercised for the benefit of the public;
(b)the powers conferred and the duties to be discharged must be defined, directly or impliedly, by the constitution, the legislature, or by a political subdivision through legislative authority;
(c)the duties must be performed independently and without control of a superior power other than the law, unless the legislature has created the position and placed it under the general control of a superior office or body; and
(d)the position must have some permanency and continuity and not be only temporary or occasional. See Montana Code 2-16-602
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A public officer holding an elective office may be recalled by the qualified electors entitled to vote for the elective officer’s successor. A public officer holding an appointive office may be recalled by the qualified electors entitled to vote for the successor or successors of the elective officer or officers who have the authority to appoint a person to that position.
(3)Physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense enumerated in Title 45 are the only grounds for recall. A person may not be recalled for performing a mandatory duty of the office that the person holds or for not performing any act that, if performed, would subject the person to prosecution for official misconduct.