{"data":{"id":"us-mt/10-3-122","jurisdiction":"us-mt","citation":"10-3-122","heading":"Legislative poll -- continuation of state of emergency or disaster.","body":"(1) (a) When the legislature is not in session, the governor may, in writing, request the secretary of state to poll the members of the legislature to determine if a majority of the members of the house of representatives and a majority of the members of the senate are in favor of a legislative declaration affirming to extend a state of emergency or disaster under 10-3-303 or approving a proclamation of martial rule under 10-1-106.\n(b) The legislature may extend a state of emergency or disaster for up to an additional 45 days by using the polling provisions of this section. The governor may make additional requests to extend a state of emergency or disaster, and the legislature may extend a state of emergency or disaster for up to an additional 45 days per request.\n(2) The request must:\n(a) state the conditions warranting the poll; and\n(b) contain a legislative declaration to extend the governor's power.\n(3) Within 3 calendar days after receiving a request, the secretary of state shall send a ballot to all legislators by using any reasonable and reliable means, including electronic delivery, that contains:\n(a) the legislative declaration subject to the vote; and\n(b) the date by which legislators shall return the ballot, which may not be more than 7 calendar days after the date the ballots were sent.\n(4) A legislator may cast and return a vote by delivering the ballot in person, by mailing, or by sending the ballot by facsimile transmission or electronic mail to the office of the secretary of state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state shall tally the votes within 1 working day after the date for return of the votes. If a majority of the members in each house vote to approve an extension of a state of emergency or disaster, the state of emergency or disaster continues based on the declaration that was sent with the ballot.\n(5) A ballot that is not returned by the deadline established by the secretary of state is considered a vote against the declaration.","path":["TITLE 10. MILITARY AFFAIRS AND DISASTER AND EMERGENCY SERVICES","CHAPTER 3. DISASTER AND EMERGENCY SERVICES","Part 1. General Provisions and Administration"],"source_url":"https://mca.legmt.gov/bills/mca/title_0100/chapter_0030/part_0010/section_0220/0100-0030-0010-0220.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:46:11Z","sha256":"08abdf650b7fc5cf2c6d73aa7ed1bbbd39ac7291f566be15ddc95eb0343e319b","source_id":"us-mt","stale":false,"prev":"us-mt/10-3-121","next":"us-mt/10-3-123"},"notice":"GroundRules: Original legal text. Not legal advice."}