Montana Code 2-2-122. Use of public resources for political purposes
2-2-122. Use of public resources for political purposes. (1) Except as provided in this section, a judicial officer, public officer, legislator, or public employee may not use or permit the use of public time, facilities, equipment, state letterhead, supplies, personnel, or funds to solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue unless the use is:
Terms Used In Montana Code 2-2-122
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Business: includes a corporation, partnership, sole proprietorship, trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit. See Montana Code 2-2-102
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Judicial officer: includes all judicial officers, justices, district court judges, and judges of the judicial branch of state government. See Montana Code 2-2-102
- Local government: means a county, a consolidated government, an incorporated city or town, a school district, or a special district. See Montana Code 2-2-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public employee: means :
(a)any temporary or permanent employee of the state, including an employee of the judicial branch;
(b)any temporary or permanent employee of a local government;
(c)a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority; and
(d)a person under contract to the state. See Montana Code 2-2-102
- Public officer: includes any state officer and any elected officer of a local government. See Montana Code 2-2-102
- 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
- State letterhead: means an electronic or written document that contains the great seal of the state provided for in 1-1-501 or purports to be a document from the state, a state agency, or a local government. See Montana Code 2-2-102
(a)authorized by law;
(b)properly incidental to another activity required or authorized by law, such as the function of a judicial officer, public officer, legislator, or public employee in the normal course of duties; or
(c)reasonably considered to be also available to the public.
(2)As used in subsection (1), “properly incidental to another activity required or authorized by law” does not include any activities related to solicitation of support for or opposition to the nomination or election of a person to public office or political committees organized to support or oppose a candidate or candidates for public office. With respect to ballot issues, properly incidental activities are restricted to:
(a)the activities of a judicial officer, public officer, legislator, or public employee related to determining the impact of passage or failure of a ballot issue on state or local government operations;
(b)in the case of a school district, as defined in Title 20, chapter 6, compliance with the requirements of law governing public meetings of the local board of trustees, including the resulting dissemination of information by a board of trustees or a school superintendent or a designated employee in a district with no superintendent in support of or opposition to a bond issue or levy submitted to the electors. Public funds may not be expended for any form of commercial advertising in support of or opposition to a bond issue or levy submitted to the electors;
(c)the activities of personal staff of legislative leadership who are exempt as provided in 2-18-104, related to assisting legislators in expressing opinions on a statewide ballot issue involving an initiative, referendum, or constitutional amendment.
(3)It is a properly incidental activity for personal staff of legislative leadership who are exempt as provided in 2-18-104 to support nonelection political caucus activity involving legislative business in the normal course of duties as directed by legislative leadership.
(4)Subsection (1) is not intended to restrict the right of a judicial officer, public officer, legislator, or public employee to express personal political views.
(5)(a) If the public officer or public employee is a Montana highway patrol chief or highway patrol officer appointed under Title 44, chapter 1, the term “equipment” as used in subsection (1) includes the chief’s or officer’s official highway patrol uniform.
(b)A Montana highway patrol chief’s or highway patrol officer’s title may not be referred to in the solicitation of support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue.
(6)A judicial officer, public officer, legislator, or public employee that violates this section may also be prosecuted by the appropriate county attorney for official misconduct as specified in 45-7-401.
(7)Legislators are allowed limited use of public time, facilities, equipment, state letterhead, supplies, and personnel to:
(a)respond to inquiries or comments from the public, media, or government agencies;
(b)express opinions in any media or platform, including online and on social media; and
(c)publicly support or oppose statewide ballot issues or the nomination of a person to a public office.