TANA provisions of the Montana Constitution are often

interpreted by the Montana Supreme Court, which is

NOTE has 3 branches like ph: e the only appellate court in the state. The federal
Montana District Court also issues decisions that may
a state in the Northwestern United States. Montana affect Montana residents. The Ninth Circuit Court of
is governed by a constitution. Montana has three Appeals holds the authority to review decisions by the
Montana District Court. Sometimes the U.S. Supreme
branches of state government: Legislative, executive, and judicial
Court may review a case that has been appealed from
Montana has 56 counties with the United States Census
the Ninth Circuit or from the Montana Supreme Court.
Bureau stating Montana's contains 364 "places", broken down
-justia law 4.5.
into 129 incorporated places and 235 census-designated places.
Incorporated places consist of 52 cities, 75 towns, and
two consolidated city-countie

Montana Law Montana Code Annotated 2019

THE CONSTITUTION OF THE STATE OF
Montana residents are subject to Montana state and MONTANA
U.S. federal laws. Federal laws apply in Montana as ARTICLE II. DECLARATION OF RIGHTS
they do across all 50 states. In addition to the U.S. Part II. DECLARATION OF RIGHTS
Constitution, which is the supreme law of the U.S., Popular Sovereignty
federal laws include statutes that are periodically Section 1. Popular sovereignty. All political
codified in the U.S. Code. Federal laws also include power is vested in and derived from the people.
decisions by courts that interpret federal laws. Finally, All government of right originates with the people,
federal laws include regulations issued by federal
is founded upon their will only, and is instituted
administrative agencies to implement federal laws.
solely for the good of the whole. (Discussion)
You can explore federal laws and related resources by
visiting the federal law section of the Justia site.
Montana Code Annotated 2019
The state of Montana also has its own state laws. THE CONSTITUTION OF THE STATE OF
Montana state laws include the Montana Constitution, MONTANA
laws passed by the Montana legislature and ARTICLE III. GENERAL GOVERNMENT
periodically codified in the Montana Code Annotated, Part III. GENERAL GOVERNMENT
and decisions by courts that interpret Montana laws. Elections
The second and current version of the Montana Section 6. Elections. The people shall vote on
Constitution was adopted in 1972 and includes 14 initiative and referendum measures at the general
articles. It resulted from a constitutional convention in election unless the legislature orders a special
which 100 delegates participated. Article XIV provides election
the three processes for amending the Constitution.
Under Section 8, an amendment proposed by the Montana Code Annotated 2019
legislature will appear on a ballot if two-thirds of the THE CONSTITUTION OF THE STATE OF
legislature supports it. Section 9 allows an initiated MONTANA
amendment to appear on a ballot if the petition
ARTICLE XI. LOCAL GOVERNMENT
receives enough signatures. Sections 1, 2, and 3
Part XI. LOCAL GOVERNMENT
provide three ways to put a proposal for a
Definition
constitutional convention on a ballot. These include
Section 1. Definition. The term "local
legislative action under Section 1, ballot initiatives
under Section 2, and automatic referral at 20-year
government units" includes, but is not limited to,
intervals under Section 3. counties and incorporated cities and towns. Other
local government units may be established by law.
The Montana Code Annotated contains the laws
passed by the Montana legislature. These laws and the
Montana Code Annotated 2019
THE CONSTITUTION OF THE STATE OF
MONTANA
ARTICLE XI. LOCAL GOVERNMENT
Part XI. LOCAL GOVERNMENT
Counties
Section 2. Counties. The counties of the state
are those that exist on the date of ratification of
this constitution. No county boundary may be
changed or county seat transferred until approved
by a majority of those voting on the question in
each county affected.
Montana Code Annotated 2019
THE CONSTITUTION OF THE STATE OF
MONTANA
ARTICLE XI. LOCAL GOVERNMENT
Part XI. LOCAL GOVERNMENT
Forms Of Government
Section 3. Forms of government. (1) The
legislature shall provide methods for governing
local government units and procedures for
incorporating, classifying, merging, consolidating,
and dissolving such units, and altering their
boundaries. The legislature shall provide such
optional or alternative forms of government that
each unit or combination of units may adopt,
amend, or abandon an optional or alternative form
by a majority of those voting on the question.
(2) One optional form of county government
includes, but is not limited to, the election of three disqualified.
county commissioners, a clerk and recorder, a
clerk of district court, a county attorney, a sheriff, (5) The election administrator is secretary of the
a treasurer, a surveyor, a county superintendent of recount board, and the board may hire any
schools, an assessor, a coroner, and a public
administrator. The terms, qualifications, duties,
and compensation of those offices shall be
provided by law. The Board of county
commissioners may consolidate two or more such
offices. The Boards of two or more counties may
provide for a joint office and for the election of
one official to perform the duties of any such
office in those counties.
Montana Code Annotated 2019
TITLE 13. ELECTIONS
CHAPTER 1. GENERAL PROVISIONS
Part 1. General Provisions
Determination Of Winner
13-1-103. Determination of winner. The
individual receiving the highest number of valid
votes for any office at an election is elected or
nominated to that office.
History: En. Sec. 3, Ch. 368, L. 1969; R.C.M.
1947, 23-2603; amd. Sec. 2, Ch. 571, L. 1979;
amd. Sec. 6, Ch. 414, L. 2003.
Montana Code Annotated 2019
TITLE 13. ELECTIONS
CHAPTER 16. RECOUNTS AND TIE VOTES
Part 1. County Recount Board
County governing body as county recount board.
(1) The county recount board must consist of three
members.
(2) Three members of the governing body must
be appointed by the presiding officer if there are
more than three members of the governing body.
(3) If three members of the governing body
cannot attend when the board meets, any vacant
position must be filled by one or more county
officers chosen by the remaining members of the
governing body.
(4) If a member of the recount board is a
candidate for an office or nomination for which
votes are to be recounted, the member must be
additional clerks as needed.
(6) The board may appoint county employees or
hire clerks to assist as needed.
(7) If the recount is for a school election, the
school recount board as provided in 20-20-420
shall perform recount board duties.
History: En. Sec. 203, Ch. 368, L. 1969; R.C.M.
1947, 23-4114; amd. Sec. 170, Ch. 571, L. 1979;
amd. Sec. 63, Ch. 56, L. 2009; amd. Sec. 3, Ch.
347, L. 2013.
Part 2. Recounts in Close Elections certified copy of the statement to the legislature
13-16-201 Conditions under which recount to be showing the votes cast for the two or more
conducted candidates having an equal and the highest number
13-16-202 Renumbered 13-15-208 of votes. The legislature, at its next regular
13-16-203 Recount for tie votes session, shall elect one of these candidates to fill
Recount for tie votes. (1) When a tie has been the office by joint ballot of the two houses.
certified to the election administrator, as provided 13-16-505 Tie vote in election for county
in 13-15-405(4), or the secretary of state, the commissioner
administrator or the secretary of state shall f there is a tie vote for commissioner, the senior
proceed as if a petition for a recount has been district judge shall appoint one of the candidates
filed. If a tie exists after the recount, the tie must who tied to fill the office as in other cases of
be resolved as provided by law. vacancy.
13-16-506 Tie vote in election for other county
(2) In the event of a tie in a school election, the officers
board of trustees shall proceed as if a petition for a If there is a tie vote for clerk of the district court,
recount has been filed pursuant to 13-16-204(1) county attorney, or any county officer except
(b). If a tie exists after the recount, the tie must be county commissioner, the commissioners shall
resolved pursuant to 20-20-418 or as otherwise appoint one of the candidates who tied to fill the
provided by law. office as in other cases of vacancy.
13-16-507 Tie vote in election for officers of
13-16-204 Meeting of recount board when recount nonspecified political subdivision
requested Tie vote in election for officers of nonspecified
13-16-205 Expenses of recount political subdivision. If there is a tie vote for an
13-16-206 through 13-16-210 reserved officer of any political subdivision not specifically
13-16-211 Recounts allowed if bond posted to provided for in this part, the governing body of
cover all costs that jurisdiction shall appoint one of the candidates
Part 3. Recounts Under Court Order who tied to fill the office as in other cases of
Part 4. Recount Procedure vacancy.

Part 5. Tie Votes

13-16-501 Tie vote after recount
13-16-502 Tie vote in election for United States
congress
If there is a tie vote for United States
representative or senator, the secretary of state
shall send a certified statement to the governor
showing the votes cast and the governor shall
order a special election.
13-16-503 Tie vote in election for supreme court
justice, district court judge, or state legislator
13-16-504 Tie vote in election for state executive
officers
If there is a tie vote for governor and lieutenant
governor, secretary of state, attorney general, state
auditor, clerk of the supreme court, superintendent
of public instruction, or any other state executive
officer, the secretary of state shall transmit a
 (1) The freedom and purity of the ballot are
secured;
(2) Voters are required to vote in the election
precincts in which they reside, except as otherwise
expressly permitted;
(3) Internal improvement is promoted by
providing a comprehensive and uniform procedure
for elections; and
(4) Maximum participation by all citizens in
TENNESSE the electoral process is encouraged.

TN - Tennessee Code AnnotatedTitle 2

ElectionsChapter 1 General Provisions
https://advance.lexis.com/container?
config=014CJAA5ZGVhZjA3NS02MmMzLTRlZ 2-1-112. Restrictions on commission or board
WQtOGJjNC00YzQ1MmZlNzc2YWYKAFBvZE membership or service as election official.
NhdGFsb2e9zYpNUjTRaIWVfyrur9ud&crid=d52 (a)
449a2-21a4-4dea-9aa4-5d50bc470289 (1) Neither an elected official nor an employee of
a county, municipal or federal governmental body
or agency or of an elected official may serve as a
Tennessee's government is divided into three member of a county election commission or as a
branches: executive, judicial, and legislative member of a county primary board or as an
branches. The seat of the government in Tennessee election official. No candidate in an election may
is in its capital city of Nashville. act in connection with that election as a member of
• TN - Tennessee Code Annotated any board or commission established under this
• Title 2 Elections title or as an election official.
• Chapter 8 Determination of Results
(2) No state employee may serve as a member of a
county election commission or as a member of a
county primary board.
2-8-111. Tie votes. (3) No member of a county election commission
If there is a tie vote between the two (2) or more persons having who is appointed to the commission after January
the highest number of votes for an office, the state election
commission shall cast the deciding vote except that: 1, 2009, shall be the campaign manager or
(1) The county legislative body may cast the deciding vote for treasurer of any candidate's political campaign in a
offices filled by the votes of a single county or civil district, or, in
the alternative, the legislative body may by resolution call for a local, state or federal election during the
run-off election between the tied candidates;
(2) The municipal legislative body shall cast the deciding vote for
commissioner's term of office. A violation of this
municipal offices, or, in the alternative, the legislative body may subdivision (a)(3) subjects the member to
by resolution call for a run-off election between the tied
candidates;
immediate removal from office by a majority vote
(3) The governor shall cast the deciding vote for representatives in of the state election commission. Nothing in this
congress;
(4) The election shall be void if it is for senator in congress, and the subdivision (a)(3) shall be construed to prohibit a
governor shall immediately issue an order directing the holding of member of the county election commission from
a special election for the office; and
(5) The general assembly in joint convention shall cast the deciding providing uncompensated advice on a one-on-one
vote for governor. basis to a candidate or party officer, nor shall it
prohibit providing a financial contribution to a
TN - Tennessee Code AnnotatedTitle 2 candidate or party organization.
ElectionsChapter 1 General Provisions (b)
(1) This section does not disqualify any person
2-1-102. Purpose. who is within its terms solely because the person
The purpose of this title is to regulate the conduct is a notary public, or a member of a reserve unit of
of all elections by the people so that: the United States army, air force, marine corps or
navy, or a member of the national guard unless the
person is a full-time employee or member of such
reserve unit or the national guard, or unless the
person is on active duty.
(2) This section does not disqualify any employee
of a county or city school system who does not
work directly under the supervision of an elected
official.
(3) This section does not disqualify any person
from service as an officer of elections,
judge, machine operator, assistant precinct
registrar or inspector because the person is VII, § 4 that “[t]he election of all
a member of a reserve unit of the United
States army, air force, marine corps or
navy or the national guard except while the
person is on active duty.
S TAT E O F T E N N E S S E E
OFFICE OF THE
ATTORNEY GENERAL
PO BOX 20207
NASHVILLE, TENNESSEE 37202
June 7, 2012
Opinion No. 12-62
Resolving Tie Votes for Elections in Single
County or Civil Districts
ANALYSIS
Tenn. Code Ann. § 2-8-111(1) expressly provides Tenn. Code Ann. § 2-8-111, which
that if there is a tie vote between two
or more persons having the highest number of
votes for offices filled by the votes of a single
county or civil district, then “the county legislative persons having the highest vote for a
body shall cast the deciding vote.” This
statute is unambiguous, and plainly states that tie
votes between candidates for a single county or
civil district are to be resolved by the county
legislative body. See State v. White, 362 S.W.3d
559, 566 (Tenn. 2012) (recognizing the general
rule of statutory construction that courts will
apply the plain meaning of a statute where the
language is clear and unambiguous).
This Office has previously opined that Tenn. Code putting the matter to a run-off
Ann. § 2-8-111(1) is the exclusive
means to determine the winner when an election
for a single county or civil district results in a
tie vote and that the county legislative body cannot
under this statute delegate this responsibility
by passing a resolution calling for a run-off
election between the tied candidates. Tenn. Att’y
Gen. Op. 96-150 (Dec. 31, 1996). As this Office
explained in addressing this issue in tied
elections for a seat on a county board of education:
The Tennessee Constitution provides at Article
officers, and the filing of all vacancies not
otherwise directed or provided by this
Constitution shall be made in such manner as the
Legislature shall direct.” The
General Assembly’s power to regulate elections
includes the power to enact
legislation for the purpose of breaking tie votes in
elections. The Legislature
exercised that power with the enactment of Tenn.
Code Ann. § 2-8-111. . . .
....
Members of a county board of education are
county officers elected by the people
from civil districts of substantially equal
population established by the county
commission. Accordingly, the method for
resolving a tie vote between the two or
more persons having the highest number of votes
for a district seat on a county
school board is governed by subsection (1) of
mandates that the county legislative body “shall
cast the deciding vote.”
If there has been a tie vote between the two
seat on the county school board, the county may
not cast its “deciding vote” to
hold a run-off election. Words of a statute should
be taken in their ordinary sense
without forced or subtle construction. To “decide”
an issue means to bring it to a
conclusion or resolution. If the members of the
county legislative body were to
cast their “deciding vote” in case of a tie vote by
election, they would not be deciding the tie.
Rather, they would be doing the
opposite – they would be shifting responsibility
for decision to the voters, instead
of bringing the matter to a conclusion themselves.
They would not be casting
“the deciding vote” for the office as required by
Tenn. Code Ann. § 2-8-111(1);
the deciding vote would be the one the voters
would make in the run-off.
Although the Legislature has granted municipal
legislative bodies the power to
choose between casting the deciding vote, or
calling for a run-off election in the
case of a tie vote for a municipal office, Tenn.
Code Ann. § 2-8-111(2), the
Legislature has not granted that power to counties
for county offices. WEST VITGINIA CODE
The county legislative body may not be [sic] §3-6-12. Tie vote procedures.
resolution call for a run-off election. Whenever the Governor or the board of
The right to hold an election does not exist absent canvassers of a county is to declare the result of
an express grant of power by an election, and it appears to him or them that
the legislature. The General Assembly has not two or more of the persons voted for have
given the county legislative body received the highest and equal number of votes
the right to hold an election for such a purpose. for the same office, so that the election to the
Id. at 1-2 (footnotes omitted). office is not decided by the returns, he, or they,
This Office’s conclusion is in accord with the being required to declare the result, shall decide
common law rule and the rule in Tennessee the tie by the election of one of such persons,
that run-off elections cannot be held unless the law but in the event the board of canvassers shall
specifically provides for them. See State ex have failed to decide the tie within thirty days
rel. Thompson v. Carr, 166 Tenn. 58, 59 S.W.2d after such tie shall have been found by them to
509 (1932). exist, upon application to the Governor by any
one of such persons so voted for, he shall break
the tie by the selection of one of such persons
and shall certify his choice to such board of
canvassers and declare such person duly elected
for the office for which such person was a
candidate.