Montana HB 953: Create election security and integrity complaint and enforcement process

Bill Text

Amendment - 1st Reading-white - (H) State Administration
- 2023
68th Legislature 2023 Drafter: Rebecca Power, HB0953.001.004

- 1 - Authorized Print Version – HB 953

HOUSE BILL NO. 953 1
INTRODUCED BY S. GALLOWAY 2
BY REQUEST OF THE (S) JOINT SELECT COMMITTEE ON ELECTION SECURITY 3
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A BILL FOR AN ACT ENTITLED: “AN ACT CREATING AN ELECTION SECURITY AND INTEGRITY 5
COMPLAINT AND ENFORCEMENT PROCESS; PROVIDING DUTIES; CREATING A CASE MANAGEMENT 6
SYSTEM; PROVIDING RULEMAKING AUTHORITY; ESTABLISHING REPORTING REQUIREMENTS; 7
PROVIDING AN APPROPRIATION; AMENDING SECTIONS 13-37-111 AND 13-37-124 13-35-203, 13-35-8
218, AND 13-35-221, MCA; AND PROVIDING AN EFFECTIVE DATE.” 9
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 11
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NEW SECTION. Section 1. ProsecutorContracted legal services -- duties. (1) There is a 13
prosecutor licensed to practice law in the state within the department of justice The department of justice shall 14
designate a prosecutor from the agency to contract with the commissioner of political practices only to assist 15
with prosecutions of alleged violations of election law received pursuant to [sections 3 and 4]. The prosecutor 16
must be specifically available to the commissioner of political practices for complaints related to alleged 17
violations of election law involving county attorneys, other county officials, or employees, or if the county 18
attorney is unavailable when the complaint is received or transmitted. 19
(2) (a) The primary function of the prosecutor is to assist only with the investigations and the 20
commissioner of political practices or a county attorney with prosecutions of alleged violations of election law 21
received pursuant to [sections 2 and 3] [sections 3 and 4]. 22
(b) If the prosecutor has additional capacity, the prosecutor may be assigned to other work 23
unrelated to election law within the department of justice with the understanding that the prosecutor shall return 24
to the prosecutor's election-related work if a new election case or complaint is referred to the prosecutor 25
pursuant to [sections 2 and 3] Prosecuting cases received pursuant to [sections 3 and 4] and referred by the 26
commissioner of political practices or a county attorney must take priority over the prosecutor's other duties. 27
(c) The prosecutor must be available to the commissioner of political practices or a county attorney 28

Amendment - 1st Reading-white - (H) State Administration
- 2023
68th Legislature 2023 Drafter: Rebecca Power, HB0953.001.004

- 2 - Authorized Print Version – HB 953

the week prior to the election, on election day, and after the election as required to review and process alleged 1
violations referred pursuant to [section 4]. 2
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NEW SECTION. Section 2. Investigator -- duties. (1) There is an investigator, qualified by 4
education, training, experience, and high professional competence in criminal investigative procedures, within 5
the office of the commissioner of political practices. 6
(2) The investigator shall process and investigate complaints received through the process 7
provided for in [section 3] as directed by the commissioner of political practices and shall work with the 8
department of justice prosecutor established in [section 1], county attorney, or commissioner of political 9
practices for the duration of all cases. 10
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NEW SECTION. Section 3. Complaint and investigation process -- rulemaking. (1) An individual 12
may report to the office of the secretary of state office of the commissioner of political practices or the case 13
management system established in [section 5] an alleged violation of election law under Title 13, chapter 35, 14
part 2, or an alleged violation of Title 45, chapter 7, part 1, 2, or 4, by an election official in the course of 15
administering an election. On receiving a complaint, the office of the secretary of state office of the 16
commissioner of political practices shall investigate the report complaint if the complaint contains alleged 17
violations under the authority of the commissioner of political practices pursuant to Title 13, chapter 35, part 2, 18
and refer the case pursuant to the process in [section 3] [section 4]. 19
(2) An election official may report to the office of the secretary of state office of the commissioner 20
of political practices or the case management system established in [section 5] an alleged violation of election 21
law under Title 13, chapter 35, part 2, or an alleged violation of Title 45, chapter 7, part 1, 2, or 4, by an 22
individual during an election-related event or activity. On receiving a complaint, the office of the secretary of 23
state office of the commissioner of political practices shall investigate the report complaint if the complaint 24
contains alleged violations under the authority of the commissioner of political practices pursuant to Title 13, 25
chapter 35, part 2, and refer the case pursuant to the process in [section 3] [section 4]. 26
(