Montana
Eligible for Recall: Senator Max Baucus, last elected 2008; Senator Jon Tester, last elected 2006
Signature Requirement: 15% of voters in last election for the Senator
Circulation Time: 90 days
Type of Recall Election: Recall Election Then Special Election
Enacting Provision: Montana Recall Act, passed (11/2/1976)
2-16-603. Officers subject to recall—grounds for recall.
(1) Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office. ((1)En. Sec. 4, I.M. No. 73, approved November 2, 1976; amd. Sec. 4, Ch. 364, L. 1977; Sec. 59-614, R.C.M. 1947; (2), (3)En. Sec. 5, I.M. No. 73, approved November 2, 1976; Sec. 59-615, R.C.M. 1947; R.C.M. 1947, 59-614(part), 59-615; amd. Sec. 1, Ch. 159, L. 1983; amd. Sec. 111, Ch. 61, L. 2007.)
Inital Procedure: The process to recall an official in Montana begins with filing a petition with the Secretary of State or the county election administrator and stating the reason for the official being recalled. The only reasons that an official in Montana may be recalled for are physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense. Once the signatures have been gathered they are sent to the secretary of state or the county election administrator for approval. The task of actually approving the signatures is done by the county clerk of each county. Each county clerk has 30 days to approve of disapprove of the signatures.
Click here for a more comprehensive look at the operative language.
Contact Info:
Montana Secretary of State
P.O. Box 202801
Helena, MT 59620-2801
Phone: (406) 444-2034
sos@mt.gov
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Each state has its own requirements as to the manner in which petitions must be collected, signed and filed. It is imperative that official recall committees are legally formed in each state according to the state laws and regulations. The handling of the petitions must comply with the laws and regulations of each state.
