13-37-108. Commissioner of political practices — restrictions. During the commissioner‘s term of office, the commissioner may not knowingly, as defined in 45-2-101:

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Terms Used In Montana Code 13-37-108

  • Ballot: means a paper ballot counted manually or a paper ballot counted by a machine, such as an optical scan system or other technology that automatically tabulates votes cast by processing the paper ballots. See Montana Code 13-1-101
  • 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

  • Commissioner: means the commissioner of political practices created by 13-37-102. See Montana Code 13-37-101
  • Contribution: means :

    (i)the receipt by a candidate or a political committee of an advance, gift, loan, conveyance, deposit, payment, or distribution of money or anything of value to support or oppose a candidate or a ballot issue;

    (ii)an expenditure, including an in-kind expenditure, that is made in coordination with a candidate or ballot issue committee and is reportable by the candidate or ballot issue committee as a contribution;

    (iii)the receipt by a political committee of funds transferred from another political committee; or

    (iv)the payment by a person other than a candidate or political committee of compensation for the personal services of another person that are rendered to a candidate or political committee. See Montana Code 13-1-101

  • issue: means a proposal submitted to the people at an election for their approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment, recall question, school levy question, bond issue question, or ballot question. See Montana Code 13-1-101
  • 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
  • Political committee: means a combination of two or more individuals or a person other than an individual who receives a contribution or makes an expenditure:

    (i)to support or oppose a candidate or a committee organized to support or oppose a candidate or a petition for nomination;

    (ii)to support or oppose a ballot issue or a committee organized to support or oppose a ballot issue; or

    (iii)to prepare or disseminate an election communication, an electioneering communication, or an independent expenditure. See Montana Code 13-1-101

  • Relative: means a family member who is within the second degree of consanguinity or affinity to the commissioner. See Montana Code 13-37-101

(1)hold another position of public trust or engage in any other occupation or business if the position of public trust or the other occupation or business interferes with or is inconsistent with the commissioner executing the duties of the commissioner’s office;

(2)engage in any other occupation or business during the business hours of the commissioner’s office unless the commissioner is in a leave status from the office;

(3)participate in any political activity or in a political campaign;

(4)make a contribution to a candidate or political committee or for or against a ballot issue or engage in any activity that is primarily intended to support or oppose a candidate, political committee, or ballot issue;

(5)attend an event that is held for the purpose of raising funds for or against a candidate, political committee, or ballot issue;

(6)participate in a matter pertaining to the commissioner’s office that:

(a)is a conflict of interest or results in the appearance of a conflict of interest between public duty and private interest pursuant to Title 2, chapter 2; or

(b)involves a relative of the commissioner.