13-37-101. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply: (1) ”Commissioner” means the commissioner of political practices created by 13-37-102. (2) ”Public office” has the meaning provided in 13-1-101. (3) ”Recusal” means disqualification from a matter by reason of prejudice or conflict of interest. (4) ”Relative” means a family member who is […]
13-37-102. Creation of office — nomination — appointment — removal. (1) There is a commissioner of political practices who is appointed by the governor, subject to confirmation by a majority of the senate. (2) (a) A four-member nomination committee composed of the speaker of the house, the president of the senate, and the minority leaders of both houses […]
13-37-103. Term of office. Subject to the provisions of 13-37-104, the individual selected to serve as commissioner is appointed for a 6-year term and may not be reappointed to serve as commissioner. History: En. 23-4785 by Sec. 10, Ch. 480, L. 1975; amd. Sec. 62, Ch. 365, L. 1977; amd. Sec. 1, Ch. 461, L. 1977; R.C.M. […]
13-37-104. Vacancy. (1) If for any reason a vacancy occurs in the position of commissioner, a successor must be appointed as provided in 13-37-102 within 30 days of the vacancy to serve out the unexpired term. The governor’s appointee must be confirmed by the senate, but an appointment made while the senate is not in session […]
13-37-105. Impeachment and prosecution of commissioner. The commissioner may be removed from office by impeachment as provided in Title 5, chapter 5, part 4. The commissioner may also be prosecuted by the appropriate county attorney for official misconduct as specified in 45-7-401. History: En. 23-4785 by Sec. 10, Ch. 480, L. 1975; amd. Sec. 62, Ch. 365, […]
13-37-106. Salary. (1) The commissioner of political practices is entitled to longevity, expense reimbursement, leave, insurance, and other benefits provided to classified state employees under Title 2, chapter 18. (2) The salary of the commissioner may not be reduced during the term for which the commissioner is appointed. (3) The department of administration shall determine the appropriate occupation […]
13-37-107. Commissioner of political practices — qualifications. The individual appointed to serve as commissioner: (1) must be a citizen of the United States and a resident of Montana as provided in 13-1-112; (2) on the date of appointment, must be registered to vote in Montana; (3) in the 2 years immediately preceding the date of the appointment, may not […]
13-37-108. Commissioner of political practices — restrictions. During the commissioner’s term of office, the commissioner may not knowingly, as defined in 45-2-101: (1) hold another position of public trust or engage in any other occupation or business if the position of public trust or the other occupation or business interferes with or is inconsistent with the commissioner […]
13-37-109 and 13-37-110 reserved.
13-37-111. Investigative powers and duties — recusal. (1) Except as provided in this section, the commissioner is responsible for investigating all of the alleged violations of the election laws contained in chapter 35 of this title or this chapter and in conjunction with the county attorneys is responsible for enforcing these election laws. (2) The commissioner may: […]
13-37-112. Personnel and budget. (1) The commissioner shall select an appropriate staff to enforce the provisions of chapter 35 of this title and this chapter, and may hire and fire all personnel under the commissioner’s supervision. (2) The commissioner is responsible for preparing, administering, and allocating the budget for the office. History: En. 23-4786 by Sec. 11, Ch. […]
13-37-113. Hiring of attorneys — prosecutions. The commissioner may hire or retain attorneys who are properly licensed to practice before the supreme court of the state of Montana to prosecute violations of chapter 35 of this title or this chapter. Any attorney retained or hired shall exercise the powers of a special attorney general, and the […]
13-37-114. Rules. (1) The commissioner shall adopt rules to carry out the provisions of chapter 35 of this title and this chapter in conformance with the Montana Administrative Procedure Act. (2) The rules must: (a) include the criteria and process used to determine the primary purpose of an incidental committee; and (b) define what constitutes de minimis acts, contributions, […]
13-37-115. Orders of noncompliance. The commissioner may issue orders of noncompliance as prescribed by 13-37-121. History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(18).
13-37-116. Exercise of powers. The commissioner may exercise all of the powers conferred upon the commissioner by law in any jurisdiction or political subdivision of the state. History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(19); amd. Sec. 118, Ch. 56, L. 2009.
13-37-117. Commissioner to provide forms, manuals, and election laws. (1) The commissioner shall prescribe forms for reports and other information required to be filed pursuant to chapter 35 and this chapter and provide forms and appropriate information to persons required to file reports and other information. (2) The commissioner shall prepare and publish a manual prescribing a […]
13-37-118. Information voluntarily supplied. The commissioner shall accept and file any information voluntarily supplied that exceeds the requirements of chapter 35 of this title or this chapter. History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(6); amd. Sec. 235, Ch. 571, L. 1979; amd. Sec. 9, […]
13-37-119. Availability of information. (1) The commissioner shall make statements and other information filed with the commissioner’s office available for public inspection and copying during regular office hours and make copying facilities available free of charge or at a charge not to exceed the actual cost. (2) The commissioner shall preserve statements and other information filed with […]
13-37-120. Reports. The commissioner shall provide a biennial report to the state administration and veterans’ affairs interim committee in accordance with 5-11-210 on matters within the commissioner’s jurisdiction and may provide recommendations for further legislation. History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(15), (20); amd. […]
13-37-121. Inspection of statements and reports — issuance of orders of noncompliance. (1) Each statement and report filed with the commissioner during an election or within 60 days after the election must be inspected within 20 days after the statement or report is filed. A statement or report concerning Title 13, chapter 37, part 6, must […]
