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

Montana Statutes

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

Montana·Title 2 GOVERNMENT STRUCTURE AND ADMINISTRATION·Ch. 16 PUBLIC OFFICERS·Part 2 Accession to Office

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.

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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.