Montana § 2-16-603 Officers Subject To Recall -- Grounds For Recall

Montana Statutes

§ 2-16-603 — Officers Subject To Recall -- Grounds For Recall

Montana § 2-16-603

Title 2GOVERNMENT STRUCTURE AND ADMINISTRATION

Ch. 16PUBLIC OFFICERS

Part 6Montana Recall Act

This text of Montana § 2-16-603 (Officers Subject To Recall -- Grounds For Recall) 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. § 2-16-603 (2026).

Text

2-16-603 . Officers subject to recall -- grounds for recall.

(1)Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office.

(2)A public officer holding an elective office may be recalled by the qualified electors entitled to vote for the elective officer's successor. A public officer holding an appointive office may be recalled by the qualified electors entitled to vote for the successor or successors of the elective officer or officers who have the authority to appoint a person to that position.

(3)Physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense enumerated in Title 45 are the only grounds for recall. A p

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2-16-603 . Officers subject to recall -- grounds for recall. (1) Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office.
(2) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for the elective officer's successor. A public officer holding an appointive office may be recalled by the qualified electors entitled to vote for the successor or successors of the elective officer or officers who have the authority to appoint a person to that position.
(3) Physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense enumerated in Title 45 are the only grounds for recall. A person may not be recalled for performing a mandatory duty of the office that the person holds or for not performing any act that, if performed, would subject the person to prosecution for official misconduct.

Legislative History

En. Sec. 2, I.M. No. 73, approved November 2, 1976; amd. Sec. 3, Ch. 364, L. 1977; R.C.M. 1947, 59-612; amd. Sec. 1, Ch. 398, L. 1979; amd. Sec. 109, Ch. 61, L. 2007.