Montana Code 13-37-402. Continuing service accounts — reports
13-37-402. Continuing service accounts — reports. (1) A continuing service account may be established to pay for constituent services by a successful candidate required to report under 13-37-229. A continuing service account may be established by filing an appropriate form with the commissioner.
Terms Used In Montana Code 13-37-402
- 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
- Person: means an individual, corporation, association, firm, partnership, cooperative, committee, including a political committee, club, union, or other organization or group of individuals or a candidate as defined in subsection (8). See Montana Code 13-1-101
- Public office: has the meaning provided in 13-1-101. See Montana Code 13-37-101
(2)(a) A successful candidate may deposit only surplus campaign funds in a continuing service account.
(b)Any loans owed must be paid back, not forgiven, before a continuing service account may be created and funded.
(c)The money in the account may be used only for constituent services. The money in the account may not be used for:
(i)personal benefit; or
(ii)campaign expenditures authorized pursuant to Title 13, chapter 37, part 2.
(3)A person described in subsection (1) may not establish any account related to the public official’s office other than a continuing service account. This subsection does not prohibit a person from establishing a campaign account.
(4)The holder of a continuing service account shall file a quarterly report with the commissioner, by a date established by the commissioner by rule. The report must disclose the source of all money deposited in the account and enumerate expenditures from the account. The report must include the same information as required for a candidate required to report under 13-37-229. The report must be certified as provided in 13-37-231.
(5)The holder of a continuing service account shall close the account within 120 days after the account holder leaves public office.