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Montana HB205-B Wagner

Montana HB205-B Wagner

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Published by: welsh dragon on Jan 21, 2011
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01/21/2011

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62nd LegislatureHB0205.01- 1 -
Authorized Print Version 
- HB 205HOUSE BILL NO. 2051INTRODUCED BY B. WAGNER23A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING CANDIDATES FOR THE PRESIDENTIAL4PREFERENCE PRIMARY OR A CONGRESSIONAL OFFICE TO FILE AN AFFIDAVIT AND CERTAIN5DOCUMENTATION WITH THE SECRETARY OF STATE; PROVIDING RULEMAKING AUTHORITY;6AMENDING SECTIONS 13-10-201, 13-10-204, 13-10-211, 13-10-404, AND 13-10-501, MCA; AND PROVIDING7AN IMMEDIATE EFFECTIVE DATE."89WHEREAS, citizenship requirements for members of Congress are established in Article I, sections 210and 3, and the 17th Amendment of the United States Constitution; and11WHEREAS, natural born citizenship for the office of President of the United States of America is required12by Article II, section 1, of the United States Constitution; and13WHEREAS, the military sons and daughters of the people of Montana and all civil servants to the people14of Montana are required by oath to defend and uphold the Constitution of the United States and Montana against15enemies foreign and domestic; and16WHEREAS, it would seem only right and just to positively certify eligibility for presidential and17congressional office at the federal level; and18WHEREAS, it is apparent that the federal authority is negligent in the matter; therefore, the responsibility19falls upon the State; and20WHEREAS, this act would safeguard the people of Montana from unnecessary expense and litigation21and the possibility that federal election officials fail in their duty and would ensure that the State of Montana22remains true to the Constitution.2324BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:2526
Section 1.
Section 13-10-201, MCA, is amended to read:27
"13-10-201. Declaration for nomination.
(1) Each candidate in the primary election, except nonpartisan28candidates filing under the provisions of Title 13, chapter 14, shall file a declaration for nomination with the29secretary of state or election administrator. A candidate may not file for more than one public office. Each30
 
62nd LegislatureHB0205.01- 2 -
Authorized Print Version 
- HB 205candidate for governor shall file a joint declaration for nomination with a candidate for lieutenant governor.1(2) A declaration for nomination must be filed in the office of:2(a) the secretary of state for placement of a name on the ballot for the presidential preference primary,3a congressional office, a state or district office to be voted for in more than one county, a member of the4legislature, or a judge of the district court;5(b) the election administrator for a county, municipal, precinct, or district office (other than a member of6the legislature or judge of the district court) to be voted for in only one county.7(3) Each candidate shall sign the declaration and send with it the required filing fee or, in the case of an8indigent candidate, send with it the documents required by 13-10-203. Unless filed electronically with the9secretary of state, the declaration for nomination must be acknowledged by an officer empowered to acknowledge10signatures or by the officer of the office at which the filing is made.11(4) The declaration, when filed, is conclusive evidence that the elector is a candidate for nomination by12the elector's party. For a partisan election, an elector may not file a declaration for more than one party's13nomination.14(5) (a) The declaration for nomination must be in the form and contain the information prescribed by the15secretary of state.16(b) (i) A candidate for president, vice president, or a congressional office shall include as part of the17declaration for nomination a sworn affidavit in the form prescribed by rule by the secretary of state. The affidavit18must include a statement that the candidate complies with all birth, age, citizenship, and residency requirements19prescribed by the United States constitution for the office the candidate is seeking.20(ii) If the office sought is president or vice president, documentation incorporated in and made a part of21the affidavit must include:22(A) a certified copy of the candidate's birth certificate or other documentation that has equal effect of a23birth certificate under the laws of the jurisdiction in which the candidate was born that shows the candidate was24born within a state or territory of the United States and that the candidate will be at least 35 years of age prior to25the inauguration date for the term of office for which the person is a candidate; and26(B) documentary proof of the kind established by rule by the secretary of state that shows that the27candidate has complied with the durational citizenship and residency requirements for the office as prescribed28by the United States constitution.29(iii) If the office sought is a congressional office, documentation incorporated in and made a part of the30
 
62nd LegislatureHB0205.01- 3 -
Authorized Print Version 
- HB 205affidavit must include:1(A) a certified copy of the candidate's birth certificate or other documentation that has equal effect of2a birth certificate under the laws of the jurisdiction in which the candidate was born; or3(B) other proof prescribed by rule by the secretary of state that shows that the candidate will have met4the age requirements for the office prior to the inauguration date for the term of office for which the person is a5candidate.6(b)(c) A person seeking nomination to the legislature shall provide the secretary of state with a street7address, legal description, or road designation to indicate the person's place of residence. If a candidate for the8legislature changes residence, the candidate shall, within 15 days after the change, notify the secretary of state9on a form prescribed by the secretary of state.10(c)(d) The secretary of state and election administrator shall furnish declaration for nomination forms to11individuals requesting them.12(6) (a) Except as provided in 13-10-211 and subsection (6)(b) of this section, a candidate's declaration13for nomination must be filed no sooner than 135 days before the election in which the office first appears on the14ballot and no later than 5 p.m., 75 days before the date of the primary election.15(b) For an election held pursuant to 13-1-104(1)(a) or 13-1-107(1), a candidate's declaration for16nomination must be filed no sooner than 145 days before the election in which the office first appears on the ballot17and no later than 5 p.m., 85 days before the date of the primary election.18(7) A declaration for nomination form may be sent by facsimile transmission if a facsimile facility is19available for use by the election administrator or by the secretary of state, delivered in person, or mailed to the20election administrator or to the secretary of state."2122
Section 2.
Section 13-10-204, MCA, is amended to read:23
"13-10-204. Write-in nominations.
(1) An individual nominated by having the individual's name written24in and counted as provided in 13-15-206(5) or otherwise placed on the primary ballot and desiring to accept the25nomination may not have the individual's name appear on the general election ballot unless the individual:26(a) received at least 5% of the total votes cast for the successful candidate for the same office at the last27general election;28(b) files with the secretary of state or election administrator, no later than 10 days after the official29canvass, a written declaration indicating acceptance of the nomination and, if the declaration is for nomination30

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