Montana § 13-36-211 When Nomination Or Election Not To Be Vacated

Montana Statutes

§ 13-36-211 — When Nomination Or Election Not To Be Vacated

Montana § 13-36-211

Title 13ELECTIONS

Ch. 36CONTESTS

Part 2Procedure

This text of Montana § 13-36-211 (When Nomination Or Election Not To Be Vacated) 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. § 13-36-211 (2026).

Text

13-36-211 . When nomination or election not to be vacated. The ground of contest specified in 13-36-101 (3) may not be construed to authorize a nomination or election to be set aside on account of illegal votes unless it appears:

(1)that the candidate or nominee whose right is contested had knowledge of or connived in the illegal votes; or

(2)that the number of illegal votes given to the person whose right to the nomination or office is contested, if taken from the person, would reduce the number of legal votes for the person below the number of votes given to some other person for the same nomination or office, after deducting the illegal votes that may be shown to have been given to the other person.

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13-36-211 . When nomination or election not to be vacated. The ground of contest specified in 13-36-101 (3) may not be construed to authorize a nomination or election to be set aside on account of illegal votes unless it appears:
(1) that the candidate or nominee whose right is contested had knowledge of or connived in the illegal votes; or
(2) that the number of illegal votes given to the person whose right to the nomination or office is contested, if taken from the person, would reduce the number of legal votes for the person below the number of votes given to some other person for the same nomination or office, after deducting the illegal votes that may be shown to have been given to the other person.

Legislative History

En. Sec. 46, Init. Act, Nov. 1912; re-en. Sec. 10811, R.C.M. 1921; re-en. Sec. 10811, R.C.M. 1935; Sec. 94-1465, R.C.M. 1947; redes. 23-4764 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 23-4764; amd. Sec. 115, Ch. 56, L. 2009.