Montana Title 13. Elections § 13-27-302. Certification of signatures

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) An affidavit, in substantially the following form, must be attached to each sheet or section submitted to the county official:

I, (name of person who is the signature gatherer), swear that I gathered the signatures on the petition to which this affidavit is attached on the stated dates, that I believe the signatures on the petition are genuine, are the signatures of the persons whose names they purport to be, and are the signatures of Montana electors who are registered at the address or have the telephone number following the person's signature, and that the signers knew the contents of the petition before signing the petition.

__________ (Date on which the first signature was gathered)

__________ (Signature of petition signature gatherer)

__________ (Address of petition signature gatherer)

Subscribed and sworn to before me this __________ day of__________, 20___

Seal__________ (Person authorized to take

oaths)__________ (Title or notarial information)

(2)(a)(i) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 287 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 273 days before the final date provided in 13-27-104 for filing the petition.

(ii) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 196 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 182 days before the final date provided in 13-27-104 for filing the petition.

(iii) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 126 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 112 days before the final date provided in 13-27-104 for filing the petition.

(iv) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 98 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 84 days before the final date provided in 13-27-104 for filing the petition.

(b) Once the affidavit provided for in subsection (1) is submitted, the election administrator shall date stamp the affidavit, register it in a log, and provide a receipt of submission to the signature gatherer or agent of the group gathering signatures.

(c) If the affidavit and the signature sheet or the section to which the affidavit is attached are subject to a deadline in subsection (2)(a) and are not submitted within the timeline required under subsection (2)(a), the county election administrator shall reject the filing and may not process it further.

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Cite this article: FindLaw.com - Montana Title 13. Elections § 13-27-302. Certification of signatures - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-13-elections/mt-code-ann-sect-13-27-302/

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