13-37-601. Definitions. For the purposes of this part, the following definitions apply:

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Terms Used In Montana Code 13-37-601

  • 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

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Expenditure: means a purchase, payment, distribution, loan, advance, promise, pledge, or gift of money or anything of value:

    (i)made by a candidate or political committee to support or oppose a candidate or a ballot issue;

    (ii)made by a candidate while the candidate is engaging in campaign activity to pay child-care expenses as provided in 13-37-220; or

    (iii)used or intended for use in making independent expenditures or in producing electioneering communications. See Montana Code 13-1-101

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Individual: means a human being. See Montana Code 13-1-101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • 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

(1)(a) “Contribution” means:

(i)the receipt by a reporting entity of an advance, gift, loan, conveyance, deposit, payment, or distribution of money to support or oppose an effort to qualify a minor party for primary elections using a minor party petition;

(ii)an expenditure that is made in coordination with a minor party qualification committee formed by the minor party that is reportable by the minor party qualification committee as a contribution;

(iii)the receipt of funds transferred from another reporting entity for use to support or oppose an effort to qualify a minor party for primary elections using a minor party petition; or

(iv)the payment by a person other than a reporting entity of compensation for the personal services of another person that are rendered to the reporting entity to support or oppose an effort to qualify a minor party for primary elections using a minor party petition.

(b)The term does not mean services provided without compensation by individuals volunteering a portion or all of their time on behalf of the reporting entity.

(2)(a) “Expenditure” means a purchase, payment, distribution, loan, advance, promise, pledge, or gift of money made by a reporting entity to support or oppose an effort to qualify a minor party for primary elections using a minor party petition.

(b)The term does not mean:

(i)services, food, or lodging provided in a manner that they are not contributions under subsection (1);

(ii)the cost of any bona fide news story, commentary, blog, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication of general circulation; or

(iii)the cost of any communication by a membership organization or corporation to its members or stockholders or employees.

(3)”Minor party” means a political party that does not qualify to hold a primary election under 13-10-601(1).

(4)”Minor party petition” means a petition described by 13-10-606.

(5)”Minor party qualification committee” means a combination of two or more individuals or a person other than an individual organized to support or oppose an effort to qualify a minor political party for primary elections using a minor party petition.

(6)(a) “Reporting entity” means the following entities that receive at least $500 in aggregate contributions in a calendar year or make at least $500 in aggregate expenditures in a calendar year:

(i)except as provided by subsection (6)(b), an individual; or

(ii)a minor party qualification committee.

(b)The term does not mean an individual if the individual’s contributions and expenditures are otherwise reportable by a minor party qualification committee. This exception includes but is not limited to an individual who is a signature gatherer if the signature gathering company, partnership, or other business organization that directly hires, supervises, and pays the individual is otherwise required to report as a minor party qualification committee under this part.

(7)”Support or oppose” means referring to or depicting a minor party in a manner that is susceptible of no reasonable interpretation other than to advocate for or against a minor party’s qualification to hold a primary election.