Montana Code > Title 2 > Chapter 4 – Administrative Procedure Act

		Sections
Part 1	General Provisions	§ 2-4-101 – § 2-4-112
Part 2	Organizational and Procedural Rules	§ 2-4-201 – § 2-4-202
Part 3	Adoption and Publication of Rules	§ 2-4-301 – § 2-4-323
Part 4	Legislative Review of Rules	§ 2-4-401 – § 2-4-412
Part 5	Judicial Notice and Declaratory Rulings	§ 2-4-501 – § 2-4-506
Part 6	Contested Cases	§ 2-4-601 – § 2-4-631
Part 7	Judicial Review of Contested Cases	§ 2-4-701 – § 2-4-711

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Terms Used In Montana Code > Title 2 > Chapter 4 - Administrative Procedure Act

Acquaintance: means an individual known by the voter. See Montana Code 13-35-702
Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
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.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Anything of value: means any goods that have a certain utility to the recipient that is real and that is ordinarily not given away free but is purchased. See Montana Code 13-1-101
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Application for voter registration: means a voter registration form prescribed by the secretary of state that is completed and signed by an elector, is submitted to the election administrator, and contains voter registration information subject to verification as provided by law. See Montana Code 13-1-101
Appraisal: A determination of property value.
Arrest: Taking physical custody of a person by lawful authority.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
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
Ballot: means the ballot or set of ballots that is to be returned by a specified election day. See Montana Code 13-19-102
Ballot statements: means a statement of purpose and implication and a yes and no statement. See Montana Code 13-27-110
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Bribe: means anything of value or advantage, present or prospective, or any promise or undertaking to give anything of value or advantage, that is asked, given, or accepted with a corrupt intent to unlawfully influence the person to whom it is given in the person's action, vote, or opinion in any public or official capacity. See Montana Code 1-1-207
Campaign literature: means material that advocates the success or defeat of a candidate, political party, or ballot issue. See Montana Code 13-35-602
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
Caregiver: means an individual who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living home, residential care institution, adult day health care facility, or adult foster care home. See Montana Code 13-35-702
Cast: means accepted by the secretary of state in accordance with 13-25-307(3). See Montana Code 13-25-302
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.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Cloture: The only procedure by which the Senate can vote to place a time limit on consideration of a bill or other matter, and thereby overcome a filibuster. Under the cloture rule (Rule XXII), the Senate may limit consideration of a pending matter to 30 additional hours, but only by vote of three-fifths of the full Senate, normally 60 votes.
Collect: means to gain possession or control of a ballot. See Montana Code 13-35-702
Commissioner: means the commissioner of political practices created by 13-37-102. See Montana Code 13-37-101
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Congressional Record: The substantially verbatim account of daily proceedings in Congress. It is printed for each day Congress is in session. At the back of each daily issue is the "Daily Digest," which summarizes the day's floor and committee activities.
Constitutional convention initiative: means a statewide initiative to submit to the qualified electors the question of whether there must be an unlimited convention to amend the Montana constitution as authorized in Article XIV, section 2, of the Montana constitution. See Montana Code 13-27-110
Constitutional convention referendum: means a legislative act submitting the question of whether there must be an unlimited convention to revise, alter, or amend the Montana constitution to the qualified electors that is referred by the legislature as authorized in Article XIV, section 1, of the Montana constitution. See Montana Code 13-27-110
Constitutional initiative: means a statewide initiative to enact constitutional law as authorized in Article XIV, section 9, of the Montana constitution. See Montana Code 13-27-110
Constitutional referendum: means a legislative act to enact constitutional law that is referred by the legislature to the qualified electors for approval or rejection as authorized in Article XIV, section 8, of the Montana constitution. See Montana Code 13-27-110
Contemplation of death: The expectation of death that provides the primary motive to make a gift.
Continuance: Putting off of a hearing ot trial until a later time.
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
Conviction: A judgement of guilt against a criminal defendant.
Covered voter: means :

(a)a uniformed-service voter or an overseas voter who is registered to vote in Montana;

(b)a uniformed-service voter whose voting residence is in Montana and who otherwise satisfies Montana's voter eligibility requirements;

(c)an overseas voter who, before leaving the United States, was last eligible to vote in Montana and, except for a state residency requirement, otherwise satisfies Montana's voter eligibility requirements;

(d)an overseas voter who, before leaving the United States, would have been last eligible to vote in Montana had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies Montana's voter eligibility requirements. See Montana Code 13-21-102
Customary: means according to usage. See Montana Code 1-1-206
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-1-801
Dependent: A person dependent for support upon another.
Dependent: means an individual recognized as a dependent by a uniformed service. See Montana Code 13-21-102
Devise: To gift property by will.
Digital signature: means the certificate-based digital identification code issued to qualified personnel by the U. See Montana Code 13-21-102
Disability: means a temporary or permanent mental or physical impairment such as:

(a)impaired vision;

(b)impaired hearing;

(c)impaired mobility. See Montana Code 13-1-101
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Docket: A log containing brief entries of court proceedings.
Donor: The person who makes a gift.
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
Election administrator: means , except as provided in subsection (14)(b), the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties, except that with regard to school elections not administered by the county, the term means the school district clerk. See Montana Code 13-1-101
Election judge: means a person who is appointed pursuant to Title 13, chapter 4, part 1, to perform duties as specified by law. See Montana Code 13-1-101
Election official: means an election administrator, election deputy, or election judge. See Montana Code 13-1-101
Election worker: means an individual designated by an election official to perform election support duties. See Montana Code 13-1-101
Electioneering communication: means a paid communication that is publicly distributed by radio, television, cable, satellite, internet website, newspaper, periodical, billboard, mail, or any other distribution of printed materials, that is made within 60 days of the initiation of voting in an election, that does not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the district voting on the candidate or ballot issue, and that:

(i)refers to one or more clearly identified candidates in that election;

(ii)depicts the name, image, likeness, or voice of one or more clearly identified candidates in that election; or

(iii)refers to a political party, ballot issue, or other question submitted to the voters in that election. See Montana Code 13-1-101
Elector: means an individual qualified to vote under state law. See Montana Code 13-1-101
Elector: means an individual selected as presidential elector under this part. See Montana Code 13-25-302
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Electronic funds transfer: means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. See Montana Code 15-1-801
Enact: means to enact, amend, or repeal. See Montana Code 13-27-110
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Entity: means a partnership, association, limited liability company, joint venture, corporation, or any other legal or commercial organization, or a combination of entities. See Montana Code 13-37-501
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
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
Family member: means an individual who is related to the voter by blood, marriage, adoption, or legal guardianship. See Montana Code 13-35-702
Federal election: means an election in even-numbered years in which an elector may vote for individuals for the office of president of the United States or for the United States congress. See Montana Code 13-1-101
Federal postcard application: means the application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Montana Code 13-21-102
Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
Federal write-in absentee ballot: means the ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Montana Code 13-21-102
Fiduciary: A trustee, executor, or administrator.
Foreign national: means :

(a)a government of a foreign country;

(b)a political party of a foreign country;

(c)an entity located outside of the United States unless that entity:

(i)is organized under or created under federal law, state law, or the law of another place subject to the jurisdiction of the United States; and

(ii)has its principal place of business within the United States;

(d)an entity that:

(i)is organized under the laws of a foreign country; or

(ii)has its principal place of business in a foreign country; and

(e)an individual who is not lawfully admitted for the privilege of residing permanently in the United States as an immigrant in accordance with immigration laws and who is not:

(i)a citizen of the United States; or

(ii)a person who, though not a citizen of the United States, owes permanent allegiance to the United States. See Montana Code 13-37-501
Fraud: Intentional deception resulting in injury to another.
General election: means an election that is held for offices that first appear on a primary election ballot, unless the primary is canceled as authorized by law, and that is held on a date specified in 13-1-104. 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.
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grantor: The person who establishes a trust and places property into it.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Household member: means an individual who resides at the same residence as the voter. See Montana Code 13-35-702
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Inactive elector: means an individual who failed to respond to confirmation notices and whose name was placed on the inactive list pursuant to 13-2-220 or 13-19-313. See Montana Code 13-1-101
Inactive list: means a list of inactive electors maintained pursuant to 13-2-220 or 13-19-313. See Montana Code 13-1-101
Incidental committee: means a political committee that is not specifically organized or operating for the primary purpose of supporting or opposing candidates or ballot issues but that may incidentally become a political committee by receiving a contribution or making an expenditure. See Montana Code 13-1-101
Independent committee: means a political committee organized for the primary purpose of receiving contributions and making expenditures that is not controlled either directly or indirectly by a candidate and that does not coordinate with a candidate in conjunction with the making of expenditures except pursuant to the limits set forth in 13-37-216(1). See Montana Code 13-1-101
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Individual: means a human being. See Montana Code 13-1-101
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
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
Joint resolution: A legislative measure which requires the approval of both chambers.
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.
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
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
legally sufficient: means that a petition complies with statutory and constitutional requirements governing submission of the proposed issue to the qualified electors and the substantive legality of the proposed issue if approved by the voters. See Montana Code 13-27-110
Legislative referendum: means a legislative act to enact statutory law that is referred by the legislature to the qualified electors for approval or rejection as authorized in Article III, section 5, of the Montana constitution. See Montana Code 13-27-110
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Mail ballot election: means any election that is conducted under Title 13, chapter 19, by mailing ballots to all active electors. See Montana Code 13-1-101
Majority leader: see Floor Leaders
Majority leader: means the leader of the majority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
Majority whip: See Whips.
Military-overseas ballot: means :

(a)a federal write-in absentee ballot;

(b)an absentee ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or

(c)a ballot cast by a covered voter in accordance with this chapter. See Montana Code 13-21-102
Montana property taxes: means the ad valorem property taxes, special assessments, and other fees imposed on property classified under 15-6-134 that is a single-family dwelling unit, unit of a multiple-unit dwelling, trailer, manufactured home, or mobile home and as much of the surrounding land, not exceeding 1 acre, as is reasonably necessary for its use as a dwelling and that were assessed and paid by the taxpayer as follows:

(a)for tax year 2022, the amount of Montana property taxes assessed and paid is equal to the total amount billed by the local government for the dwelling as shown on the 2022 property tax bill received by the taxpayer; and

(b)for tax year 2023, the amount of Montana property taxes assessed and paid is equal to the total amount billed by the local government for the dwelling as shown on the 2023 property tax bill received by the taxpayer. See Montana Code 15-1-2301
Oath: A promise to tell the truth.
Oath: includes an affirmation or declaration. See Montana Code 1-1-201
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Overseas voter: means a United States citizen who resides outside the United States who would otherwise be qualified to vote in the last place in which the person was domiciled before leaving the United States. See Montana Code 13-21-102
Owned: includes purchasing under a contract for deed and being the grantor or grantors under a revocable trust indenture. See Montana Code 15-1-2301
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
Person: means an individual, corporation, partnership, or other business organization, trust, fiduciary, or agent or any other party presenting a document for recordation. See Montana Code 15-7-303
Personal property: All property that is not real property.
Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
Petition: means a petition for a statewide initiative or a statutory referendum prepared pursuant to the requirements of this chapter. See Montana Code 13-27-110
Place of deposit: means a location designated by the election administrator pursuant to 13-19-307 for a mail ballot election conducted under Title 13, chapter 19. See Montana Code 13-1-101
Plaintiff: The person who files the complaint in a civil lawsuit.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
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
Political subdivision: means a county, consolidated municipal-county government, municipality, special purpose district, or any other unit of government, except school districts, having authority to hold an election. See Montana Code 13-1-101
Political subdivision: means a political subdivision of the state, including a school district. See Montana Code 13-19-102
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
President: means the president of the United States. See Montana Code 13-25-302
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
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
Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Provisional ballot: means a ballot cast by an elector whose identity or eligibility to vote has not been verified as provided by law. See Montana Code 13-1-101
Provisionally registered elector: means an individual whose application for voter registration was accepted but whose identity or eligibility has not yet been verified as provided by law. See Montana Code 13-1-101
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public office: means a state, county, municipal, school, or other district office that is filled by the people at an election. See Montana Code 13-1-101
Public office: has the meaning provided in 13-1-101. See Montana Code 13-37-101
Quorum: The number of legislators that must be present to do business.
Real estate: includes :

(a)land;

(b)growing timber;

(c)buildings, structures, fixtures, fences, and improvements affixed to land. See Montana Code 15-7-303
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
Recusal: means disqualification from a matter by reason of prejudice or conflict of interest. See Montana Code 13-37-101
Registrar: means the county election administrator and any regularly appointed deputy or assistant election administrator. 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
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
School election: has the meaning provided in 20-1-101. See Montana Code 13-1-101
Secrecy envelope: means an envelope used to contain the elector's ballot and that is designed to conceal the elector's ballot and to prevent that elector's ballot from being distinguished from the ballots of other electors. See Montana Code 13-19-102
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Several: means two or more. See Montana Code 1-1-201
Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
Signature envelope: means an envelope that contains a secrecy envelope and ballot and that is designed to:

(a)allow election officials, upon examination of the outside of the envelope, to determine that the ballot is being submitted by someone who is in fact a qualified elector and who has not already voted; and

(b)allow it to be used in the United States mail. See Montana Code 13-1-101
Special election: means an election held on a day other than the day specified for a primary election, general election, or regular school election. See Montana Code 13-1-101
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 13-21-102
Statewide ballot issue: means a statewide initiative or a statewide referendum. See Montana Code 13-27-110
Statewide initiative: means a constitutional initiative, a constitutional convention initiative, or a statutory initiative. See Montana Code 13-27-110
Statewide referendum: means a constitutional referendum, a constitutional convention referendum, a legislative referendum, or a statutory referendum. See Montana Code 13-27-110
Statewide referendum referred to a vote of the people by the legislature: means a constitutional referendum, a constitutional convention referendum, or a legislative referendum. See Montana Code 13-27-110
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Statutory initiative: means an initiative to enact statutory law as authorized in Article III, section 4, of the Montana constitution. See Montana Code 13-27-110
Statutory referendum: means a legislative act to enact statutory law that is referred by petition to the qualified electors for approval or rejection as authorized in Article III, section 5, of the Montana constitution. See Montana Code 13-27-110
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
system: means any machine, device, technology, or equipment used to automatically record, tabulate, or process the vote of an elector cast on a paper ballot. See Montana Code 13-1-101
Taxes: means the taxes provided for in this title, except chapters 70 and 71. See Montana Code 15-1-801
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transfer: means an act of the parties or of the law by which the title to real property is conveyed from one person to another. See Montana Code 15-7-303
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Uniformed service: means :

(a)active and reserve components of the army, marine corps, navy, air force, space force, or coast guard of the United States;

(b)the merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States; or

(c)the national guard and state militia. See Montana Code 13-21-102
Uniformed-service voter: means an individual who is qualified to vote and is:

(a)a member of the active or reserve components of the army, marine corps, navy, air force, space force, or coast guard of the United States who is on active duty;

(b)a member of the merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States;

(c)a member of the national guard or state militia in activated status; or

(d)a spouse or dependent of a member referred to in this subsection (10). See Montana Code 13-21-102
Uphold: The decision of an appellate court not to reverse a lower court decision.
Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
Value: means the amount of the full actual consideration for real estate paid or to be paid, including the amount of any lien or liens on the real estate. See Montana Code 15-7-303
Venue: The geographical location in which a case is tried.
Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
Vice president: means vice president of the United States. See Montana Code 13-25-302
Voted ballot: means a ballot that is:

(a)deposited in the ballot box at a polling place;

(b)received at the election administrator's office; or

(c)returned to a place of deposit. See Montana Code 13-1-101
Voter registration application: means the form approved by the secretary of state that an elector may use to register to vote in Montana. See Montana Code 13-21-102
Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204