§ 2-16-602 — Definitions

Montana § 2-16-602

• Jurisdiction: Montana
• Title 2: GOVERNMENT STRUCTURE AND ADMINISTRATION
• Ch. 16: PUBLIC OFFICERS
• Part 6: Montana Recall Act

Text

2-16-602 . Definitions. As used in this part, the following definitions apply:
(1) "Political subdivision" means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district.
(2) "Public office" means a position of duty, trust, or authority created by the constitution or by the legislature or by a political subdivision through authority conferred by the constitution or the legislature that meets the following criteria:
(a) the position must possess a delegation of a portion of the sovereign power of government to be exercised for the benefit of the public;
(b) the powers conferred and the duties to be discharged must be defined, directly or impliedly, by the constitution, the legislature, or by a political subdivision through legislative authority;
(c) the duties must be performed independently and without control of a superior power other than the law, unless the legislature has created the position and placed it under the general control of a superior office or body; and
(d) the position must have some permanency and continuity and not be only temporary or occasional.
(3) "State-district" means a public service commission district, a legislative representative or senatorial district, or a judicial district.

Legislative History

En. 59-611 by Sec. 1, Ch. 364, L. 1977; R.C.M. 1947, 59-611.