Montana § 13-10-211 Declaration Of Intent For Write-In Candidates

Montana Statutes

§ 13-10-211 — Declaration Of Intent For Write-In Candidates

Montana § 13-10-211

Title 13ELECTIONS

Ch. 10PRIMARY ELECTIONS AND NOMINATIONS

Part 2Preprimary Procedures

This text of Montana § 13-10-211 (Declaration Of Intent For Write-In Candidates) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 13-10-211 (2026).

Text

13-10-211 . Declaration of intent for write-in candidates.

(1)Except as provided in 13-1-403 (2)(b), 13-1-502 (3)(b), and subsection (2) of this section, a person seeking to become a write-in candidate for an office in any election shall file a declaration of intent. Except for a candidate under 13-38-201 (4) or a candidate covered under 7-1-205 , a candidate may not file for more than one public office. The declaration of intent must be filed with the secretary of state or election administrator, depending on where a declaration of nomination for the desired office is required to be filed under 13-10-201 , or with the school district clerk for a school district office. When a county election administrator is conducting the election for a school district, the school district clerk or scho

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13-10-211 . Declaration of intent for write-in candidates. (1) Except as provided in 13-1-403 (2)(b), 13-1-502 (3)(b), and subsection (2) of this section, a person seeking to become a write-in candidate for an office in any election shall file a declaration of intent. Except for a candidate under 13-38-201 (4) or a candidate covered under 7-1-205 , a candidate may not file for more than one public office. The declaration of intent must be filed with the secretary of state or election administrator, depending on where a declaration of nomination for the desired office is required to be filed under 13-10-201 , or with the school district clerk for a school district office. When a county election administrator is conducting the election for a school district, the school district clerk or school district office that receives the declaration of intent shall notify the county election administrator of the filing. Except as provided in 13-1-403 , 13-1-503 , 20-3-305 , and subsection (3) of this section, the declaration must be filed no later than 5 p.m. on the 90th day before the election and must contain:
(a) the candidate's name, including:
(i) the candidate's first and last names;
(ii) the candidate's initials, if any, used instead of a first name, or first and middle name, and the candidate's last name;
(iii) the candidate's nickname, if any, used instead of a first name, and the candidate's last name; and
(iv) a derivative or diminutive name, if any, used instead of a first name, and the candidate's last name;
(b) the candidate's mailing address;
(c) a statement declaring the candidate's intention to be a write-in candidate;
(d) the title of the office sought;
(e) the date of the election;
(f) the date of the declaration; and
(g) the candidate's signature.
(2) An unsuccessful candidate for office at a primary election may not seek nomination by write-in vote or petition for the same office at the general election.
(3) A declaration of intent may be filed after the deadline provided for in subsection (1) but no later than 5 p.m. on the day before the election if, after the deadline prescribed in subsection (1), a candidate for the office that the write-in candidate is seeking dies or is charged with a felony offense and if the election has not been canceled as provided by law.
(4) The secretary of state shall notify each election administrator of the names of write-in candidates who have filed a declaration of intent with the secretary of state. Each election administrator shall notify the election judges in the county or district of the names of write-in candidates who have filed a declaration of intent.
(5) A properly completed and signed declaration of intent may be provided to the election administrator or secretary of state:
(a) by facsimile transmission;
(b) in person;
(c) by mail; or
(d) by electronic mail.
(6) A declaration is not valid until the filing fee required pursuant to 13-10-202 is received by the secretary of state or the election administrator.
(7) A write-in candidate who files a declaration of intent for a general election may not file with a partisan, nonpartisan, or independent designation.

Legislative History

En. Sec. 1, Ch. 391, L. 1989; amd. Sec. 1, Ch. 143, L. 1995; amd. Sec. 2, Ch. 40, L. 1999; amd. Sec. 1, Ch. 129, L. 1999; amd. Sec. 1, Ch. 15, L. 2001; amd. Sec. 16, Ch. 414, L. 2003; amd. Sec. 19, Ch. 475, L. 2003; amd. Sec. 9, Ch. 586, L. 2005; amd. Sec. 1, Ch. 191, L. 2007; amd. Sec. 8, Ch. 273, L. 2007; amd. Sec. 1, Ch. 338, L. 2007; amd. Sec. 18, Ch. 297, L. 2009; amd. Sec. 22, Ch. 242, L. 2011; amd. Sec. 16, Ch. 336, L. 2013; amd. Sec. 178, Ch. 49, L. 2015; amd. Sec. 2, Ch. 420, L. 2015; amd. Sec. 12, Ch. 242, L. 2017; amd. Sec. 3, Ch. 141, L. 2019; amd. Sec. 2, Ch. 206, L. 2023; amd. Sec. 4, Ch. 643, L. 2025; amd. Sec. 1, Ch. 652, L. 2025.