Montana Code 13-10-606. Submission and form of minor party petition
13-10-606. Submission and form of minor party petition. (1) (a) Any elector may present a petition to the secretary of state to request that a political party that does not qualify to hold a primary election under 13-10-601(1) may qualify to nominate its candidates by primary election.
Terms Used In Montana Code 13-10-606
- 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
- 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
- Election administrator: means , except as provided in subsection (14)(b), the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties, except that with regard to school elections not administered by the county, the term means the school district clerk. See Montana Code 13-1-101
- Elector: means an individual qualified to vote under state law. See Montana Code 13-1-101
- General election: means an election that is held for offices that first appear on a primary election ballot, unless the primary is canceled as authorized by law, and that is held on a date specified in 13-1-104. See Montana Code 13-1-101
- primary election: means an election held on a date specified in 13-1-107 to nominate candidates for offices filled at a general election. 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
(b)The petition must be in the form prescribed by the secretary of state.
(2)The petition must be signed by a number of registered voters equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election or 5,000 electors, whichever is less. The number must include the registered voters in at least one-third of the legislative districts equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election in those districts or 150 electors in those districts, whichever is less.
(3)Signed sheets or sections of petitions with original signatures and the affidavits of circulation as provided in 13-10-607 must be submitted to the official responsible for registration of electors in the county in which the signatures were obtained no sooner than 9 months and no later than 4 weeks before the final date for filing the petition with the secretary of state as provided in 13-10-609(2).
(4)(a) An elector may withdraw the elector’s signature from a petition under this part until the final submission of petition sheets as provided in subsection (3).
(b)The county election administrator may consider an elector’s request for an elector’s name to be withdrawn only after verification that the elector requesting to be withdrawn from the petition is the same elector who signed the petition.