Montana Title 3. Judiciary, Courts § 3-1-906. Senate confirmation--exception--nomination in interim--appointment contingent on vacancy

(1)(a) Except as provided in subsection (2):

(b) If the appointment is subject to senate confirmation under subsection (1)(a) and is not confirmed, the office is vacant and another selection of nominees and appointment must be made.

(a) an appointment made while the senate is not in session if the term to which the appointee is appointed expires prior to the next regular legislative session, regardless of the time of the appointment in relation to the candidate filing deadlines for the office; and

(b) an appointment made while the senate is not in session if a general election will be held prior to the next regular legislative session and the appointment is made prior to the candidate filing deadline for primary elections under 13-10-201(7), in which case the position is subject to election at the next primary and general elections.