2-16-612. Persons qualified to petition — penalty for false signatures. (1) A person who is a qualified elector of this state may sign a petition for recall of a state officer.

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Terms Used In Montana Code 2-16-612

  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Political subdivision: means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district. 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
  • State-district: means a public service commission district, a legislative representative or senatorial district, or a judicial district. See Montana Code 2-16-602

(2)A person who is a qualified elector of a district of the state from which a state-district officer is elected may sign a petition for recall of a state-district officer of that district or appointed by an officer or the officers of that election district.

(3)A person who is a qualified elector of a political subdivision of this state may sign a petition for recall of an officer of that political subdivision.

(4)A person signing any name other than the person’s own to any petition or knowingly signing more than once for the recall or who is not at the time of the signing a qualified elector or a person who knowingly makes a false entry upon an affidavit required in connection with the filing of a petition for the recall of an officer is guilty of unsworn falsification or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-203 or 45-7-208, as applicable.