Montana Code 13-36-203. Form of complaint
13-36-203. Form of complaint. (1) A petition or complaint filed under the provisions of this chapter is sufficient if it is in substantially the following form:
In the District Court of the
…. Judicial District,
for the County of …., State of Montana.
Terms Used In Montana Code 13-36-203
- Candidate: means :
(a)an individual who has filed a declaration or petition for nomination, acceptance of nomination, or appointment as a candidate for public office as required by law;
(b)for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure nomination or election to any office at any time, whether or not the office for which the individual will seek nomination or election is known when the:
(i)solicitation is made;
(ii)contribution is received and retained; or
(iii)expenditure is made; or
(c)an officeholder who is the subject of a recall election. See Montana Code 13-1-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Election: means a general, special, or primary election held pursuant to the requirements of state law, regardless of the time or purpose. See Montana Code 13-1-101
- 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
A B (or A B and C D), Contestants,
vs.
E F, Contestee.
The petition of the contestant (or contestants) named above alleges:
That an election was held (in the state, district, county, or city of ….), on the …. day of …., 20…, for the (nomination of a candidate for) (or election of a) (state the office).
That …. and …. were candidates at the election and the board of canvassers has returned …. as being nominated (or elected) at the election.
That contestant A B voted (or had a right to vote, as the case may be) at the election (or claims to have had a right to be returned as the nominee or officer elected or nominated at the election or was a candidate at the election, as the case may be) and that contestant C D (here state in a similar manner the right of each contestant).
The contestant (or contestants) further allege (here state the facts and grounds on which the contestants rely).
The contestants ask that it be determined by the court that …. was not nominated (or elected) and that the election was void or that A B or C D, as the case may be, was nominated (or elected) and ask for other relief that the court may find appropriate.
(2)The complaint must be verified by the affidavit of one of the petitioners in the manner required by law for the verification of complaints in civil cases.