Montana Statutes
§ 2-16-506 — Filling Vacancies -- Recess Appointments
Montana·Title 2 GOVERNMENT STRUCTURE AND ADMINISTRATION·Ch. 16 PUBLIC OFFICERS·Part 5 Vacancy and Succession
2-16-506 . Filling vacancies -- recess appointments.
(1)When any office becomes vacant and no mode is provided by law for filling the vacancy, the governor shall fill the vacancy by appointing a qualified person to fill the unexpired term of the person whose office became vacant.
(2)If the legislature or one house of the legislature must confirm an appointment of a person appointed by the governor to fill a vacancy, the governor may appoint the person to assume office before the legislature meets in its next regular session to consider the appointment. A person so appointed is vested with all the functions of the office upon assuming the office and is a de jure officer, notwithstanding the fact that the legislature has not yet confirmed the appointment. If the legislature does not confir
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Legislative History
En. Sec. 1104, Pol. C. 1895; re-en. Sec. 423, Rev. C. 1907; re-en. Sec. 514, R.C.M. 1921; Cal. Pol. C. Sec. 999; re-en. Sec. 514, R.C.M. 1935; amd. Sec. 1, Ch. 388, L. 1973; R.C.M. 1947, 59-605.
Nearby Sections
15
§ 2-16-101
Classification Of Public Officers§ 2-16-103
Through 2-16-106 Reserved§ 2-16-107
Use Of Montana Flag At Funerals§ 2-16-108
Through 2-16-110 Reserved§ 2-16-111
Residence Of Officers§ 2-16-112
Absence From State§ 2-16-113
Seals§ 2-16-114
Facsimile Signatures And Seals§ 2-16-115
Signature Of Officer Acting Ex Officio§ 2-16-116
Power To Administer Oaths§ 2-16-117
Office Hours§ 2-16-201
Manner Of Election Of Certain Officers§ 2-16-202
Title Contested -- Salary Withheld§ 2-16-203
Manner Of Appointments