Montana § 2-16-213 Term Of Office -- Holdover -- Assumption Of Office

Montana Statutes

§ 2-16-213 — Term Of Office -- Holdover -- Assumption Of Office

Montana § 2-16-213

Title 2GOVERNMENT STRUCTURE AND ADMINISTRATION

Ch. 16PUBLIC OFFICERS

Part 2Accession to Office

This text of Montana § 2-16-213 (Term Of Office -- Holdover -- Assumption Of Office) 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. § 2-16-213 (2026).

Text

2-16-213 . Term of office -- holdover -- assumption of office.

(1)An office for which the duration is not fixed by law is held at the pleasure of the appointing authority.

(2)An officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified.

(3)Notwithstanding the provisions of subsection (2), an appointee who is by law subject to confirmation by the senate may, upon expiration of or vacancy in the previous term, assume the office to which appointed and is a de jure officer even though the senate has not yet confirmed the appointment. If the senate rejects the appointment, the office becomes vacant.

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2-16-213 . Term of office -- holdover -- assumption of office. (1) An office for which the duration is not fixed by law is held at the pleasure of the appointing authority.
(2) An officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified.
(3) Notwithstanding the provisions of subsection (2), an appointee who is by law subject to confirmation by the senate may, upon expiration of or vacancy in the previous term, assume the office to which appointed and is a de jure officer even though the senate has not yet confirmed the appointment. If the senate rejects the appointment, the office becomes vacant.

Legislative History

En. Secs. 993, 994, Pol. C. 1895; re-en. Secs. 354, 355, Rev. C. 1907; re-en. Secs. 422, 423, R.C.M. 1921; Cal. Pol. C. Secs. 878, 879; re-en. Secs. 422, 423, R.C.M. 1935; R.C.M. 1947, 59-405, 59-406; amd. Sec. 2, Ch. 83, L. 1983; amd. Sec. 101, Ch. 61, L. 2007.