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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

2008 Key Questions for Key States


The complete research by Election Law @ Moritz for Montana can be found below.

Institutional Arrangements

State Chief Election Authorities

Elected individual (R)

Chief election authority: Secretary of State. M.C.A. § 13-1-201.

Method of selection: Elected. Const. Art. 6, § 2.

Current officer: Brad Johnson (R). (Last updated 1/1/08)

State High Court Composition

Unknown affiliation/elected

Method of selection: Election. M.C.A. 3-2-101. Unexpired terms are filled by gubernatorial appointment. Const. Art. 7, § 8.

Justices: Karla M. Gray (R), W. William Leaphart (no info), James C. Nelson (appointed by R), Patricia O’Brien Cotter (no info), James A. Rice (appointed by R), John Warner (appointed by R), Brian Morris (no info) (Last updated 12/22/07)


Voter Registration

EL@M did not research this topic for Montana


EL@M did not research this topic for Montana

Provisional Ballots

EL@M did not research this topic for Montana

Early and Absentee Voting

EL@M did not research this topic for Montana

Voting Technology

EL@M did not research this topic for Montana

Polling Place Operations

Polling place closing times - local times

8:00 PM local time

Polling place closing times - by Eastern time zone

10:00 PM Eastern time

Ballot Security

EL@M did not research this topic for Montana

Emergency Preparedness

EL@M did not research this topic for Montana

Post-Election Processes

What Court Would Hear a Presidential Contest?

Trial Court

Montana law authorizes election contests generally. Mt. St. § 13-36-101. Presidential election contests should be filed in the district (trial) court of the county in which the official certificate of nomination or election was filed. Mt. St. § 13-36-103. District court judges are elected. Mt. Const., Art. 7, § 8.  

Who Performs Presidential recounts?

Court-ordered recounts only/unconstrained

Montana law does not explicitly authorize Presidential recounts outside of election contests (although it does authorize recounts for “state” offices). MT ST 13-16-201. This probably means such Presidential recounts cannot occur.

However, any candidate who shows probable cause of irregularities may obtain a court-ordered recount. MT ST 13-16-301. In this case, county recount boards conduct the actual recount. County recount boards are three-member boards appointed by the local legislative authority. 13-15-101. There is no explicit requirement of bipartisanship. The recount is public and candidates and their representatives have a right to witness the entire process. 13-16-411.

The Montana administrative code provides no further details. 44.3.101 et seq. Neither does the Secretary of State’s website