2-16-201. Manner of election of certain officers. The mode of election of the governor, lieutenant governor, secretary of state, state auditor, attorney general, and superintendent of public instruction is prescribed by the constitution. History: En. Sec. 340, Pol. C. 1895; re-en. Sec. 128, Rev. C. 1907; re-en. Sec. 111, R.C.M. 1921; Cal. Pol. C. Sec. 348; re-en. […]
2-16-202. Title contested — salary withheld. (1) When the title of the incumbent of any office in this state is contested by proceedings instituted in any court for that purpose, a warrant may not be drawn or paid for any part of the incumbent’s salary until the proceedings have been finally determined. (2) As soon as the […]
2-16-203. Manner of appointments. Every officer, the mode of whose appointment is not prescribed by the constitution or statutes, must be appointed by the governor by and with the advice and consent of the senate. History: En. Sec. 990, Pol. C. 1895; re-en. Sec. 351, Rev. C. 1907; re-en. Sec. 419, R.C.M. 1921; Cal. Pol. C. Sec. […]
2-16-204. Gubernatorial commissions. (1) The governor must commission: (a) all officers elected by the people whose commissions are not otherwise provided for; (b) all officers of the militia; (c) all officers appointed by the governor or by the governor with consent of the senate; (d) United States senators. (2) The commissions of all officers commissioned by the governor must be issued […]
2-16-205. Other commissions. The commissions of all other officers, where no special provision is made by law, must be signed by the presiding officer of the body or by the person making the appointment. History: En. Sec. 1004, Pol. C. 1895; re-en. Sec. 360, Rev. C. 1907; re-en. Sec. 428, R.C.M. 1921; Cal. Pol. C. Sec. 893; […]
2-16-206 through 2-16-210 reserved.
2-16-211. Oaths — form — before whom — when. (1) Members of the legislature and all officers, executive, ministerial, or judicial, must, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm) that I will support, protect, and defend the constitution of […]
2-16-212. Filing. (1) Unless a different time is prescribed by law, the oath of office must be taken, subscribed, and filed within 30 days after the officer has notice of election or appointment or before the expiration of 15 days from the commencement of the term of office when a notice of election or appointment has […]
2-16-213. Term of office — holdover — assumption of office. (1) An office for which the duration is not fixed by law is held at the pleasure of the appointing authority. (2) An officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified. (3) Notwithstanding the provisions of […]
2-16-214. Definition of current term for purposes of term limits. As used in Article IV, section 8, of the Montana constitution, “current term” means the term served after regular election to a full term to an office and does not include time served in an appointed or an elected capacity in an office to finish the […]
