Montana Code 70-1-522. Certain restrictions on political free speech contrary to public policy — enforcement prohibited — definitions
70-1-522. Certain restrictions on political free speech contrary to public policy — enforcement prohibited — definitions. (1) A person, homeowners’ association, property owners’ association, corporation, or other private entity may not, as a condition of property ownership within the jurisdiction of the private entity or by other means, prohibit the placement of a sign advocating the election, appointment, or defeat of a candidate for public office or the passage or defeat of a ballot issue on:
Terms Used In Montana Code 70-1-522
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- 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
(a)property belonging to individual or joint property owners who authorize the placement of the sign; or
(b)common areas in which an owner owns an undivided interest.
(2)A person, homeowners’ association, property owners’ association, corporation, or other private entity may impose limits on the size of signs allowed to be displayed within the jurisdiction of the private entity and may regulate the location of sign placement and the time period during which signs may be displayed.
(3)An ordinance, covenant, contract term, or other provision, whether agreed to or not between the homeowners’ association, property owners’ association, corporation, or other private entity and the owner or tenant, is contrary to the public policy of this state. A court may not enforce the terms of an ordinance, covenant, contract term, or other provision that is contrary to public policy under this section.
(4)As used in this section, “ballot issue” and “candidate” have the meanings provided in 13-1-101.