Montana SB 503: Generally revise political party committee laws

Bill Text

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68th Legislature 2023   SB 503.1 
 
 - 1 -  Authorized Print Version – SB 503  
 
 
SENATE BILL NO. 503 1 
INTRODUCED BY W. MCKAMEY, E. BUTTREY, S. FITZPATRICK, J. ELLSWORTH 2 
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A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING POLITICAL PARTY COMMITTEE LAWS; 4 
CREATING A COUNTY VACANCY AND DELEGATE COMMITTEE; PROVIDING FOR THE ELECTION OF 5 
COMMITTEE MEMBERS; ESTABLISHING THE DUTIES AND AUTHORITY OF THE COMMITTEE; 6 
PROHIBITING THE COMMITTEE FROM MAKING CERTAIN CAMPAIGN CONTRIBUTIONS AND 7 
EXPENDITURES; ELIMINATING PRECINCT REPRESENTATIVES AND CITY AND COUNTY CENTRAL 8 
COMMITTEES; AMENDING SECTIONS 5-2-402, 5-2-403, 5-2-406, 7-4-2106, 7-4-2206, 13-1-101, 13-4-102, 9 
13-10-201, 13-10-211, 13-10-327, 13-38-107, 30-13-219, AND 30-13-342, MCA; AND REPEALING SECTIONS 10 
13-38-105, 13-38-106, 13-38-201, 13-38-202, 13-38-203, 13-38-204, AND 13-38-205, MCA.” 11 
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 13 
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NEW SECTION. Section 1. County vacancy and delegate committee -- members -- duties. (1) (a) 15 
At each primary election held pursuant to 13-1-107(1), a political party shall elect members of a county vacancy 16 
and delegate committee, subject to 13-10-209. A committee member must be a resident and registered voter of 17 
the county. The term of a county vacancy and delegate committee member is 2 years. 18 
(b) The numbers of county vacancy and delegate committee members are set as follows: 19 
(i) if there are two or fewer legislative house districts in the county, five individuals must be elected 20 
to the committee by the county's primary voters; 21 
(ii) if there are three or more legislative house districts in the county, two individuals must be 22 
elected out of each legislative house district by the district's primary voters; and 23 
(iii) if there is an even number of legislative house districts in a county, one additional individual 24 
must be elected on an at-large basis by the county's primary voters. 25 
(2) The county vacancy and delegate committee shall: 26 
(a) adopt rules and file the rules with the county election administrator; 27 
(b) select as many delegates to the state party convention as requested by the state central 28 

 
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68th Legislature 2023   SB 503.1 
 
 - 2 -  Authorized Print Version – SB 503  
 
 
committee; 1 
(c) nominate individuals to serve as election judges on behalf of the party in local elections; 2 
(d) at its first meeting after every primary held pursuant to 13-1-107(1), elect a presiding officer 3 
who shall serve until the next primary election; and 4 
(e) make nominations to fill vacancies occurring among the candidates of their respective parties 5 
nominated for city, county, or legislative offices by the primary election only when the vacancy is caused by 6 
death, resignation, or removal from the electoral district. 7 
(3) If the use of a proxy by a county vacancy and delegate committee member is authorized under 8 
party rules, the proxy must be: 9 
(a)  in writing; 10 
(b) dated on a day or at a time prior to the meeting in which the proxy is used; and 11 
(c) signed or electronically authorized by the committee member on whose behalf it will be cast. 12 
(4) A county vacancy and delegate committee member's proxy that is cast in violation of the 13 
provisions of subsection (3) is invalid, and the outcome of a vote or action determined by the use of the 14 
committee member's unauthorized proxy is void. 15 
(5) Vacancies in the office of the county vacancy and delegate committee occur only on the death 16 
or written resignation of the incumbent or when the incumbent is no longer a resident or registered voter of the 17 
county or applicable legislative district if elected pursuant to subsection (1)(b)(ii). A county vacancy and 18 
delegate committee member may not otherwise be removed from office, including for a failure to attend a 19 
meeting. If a vacancy occurs, the remaining members of the county vacancy and delegate committee may 20 
select a county or legislative district resident to fill the vacancy. 21 
(6) A county vacancy and delegate committee may not raise and spend funds beyond what is 22 
necessary to perform the duties provided in subsection (2). The committee may not make contributions and 23 
expenditures on behalf of candidates or for independent expenditures. Nothing in this subsection otherwise 24 
prohibits individual members of the committee from participating in political party activities or forming a separate 25 
political committee as provided in Title 13, chapter 37. 26 
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Section 2. Section 5-2-402, MCA, is amended to read: 28 

 
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68th Legislature 2023   SB 503.1 
 
 - 3 -  Authorized Print Version – SB 503  
 
 
"5-2-402. Appointment by board of county commissioners -- county central vacancy and 1 
delegate committee role -- timeframes. (1) Except as provided in subsection (5) or as otherwise provided by 2 
law, whenever a vacancy occurs in the legislature, t