{"data":{"id":"us-mt/13-10-211","jurisdiction":"us-mt","citation":"13-10-211","heading":"Declaration of intent for write-in candidates.","body":"(1) Except as provided in 13-1-403(2)(b), 13-1-502(3)(b), and subsection (2) of this section, a person seeking to become a write-in candidate for an office in any election shall file a declaration of intent. Except for a candidate under 13-38-201(4) or a candidate covered under 7-1-205, a candidate may not file for more than one public office. The declaration of intent must be filed with the secretary of state or election administrator, depending on where a declaration of nomination for the desired office is required to be filed under 13-10-201, or with the school district clerk for a school district office. When a county election administrator is conducting the election for a school district, the school district clerk or school district office that receives the declaration of intent shall notify the county election administrator of the filing. Except as provided in 13-1-403, 13-1-503, 20-3-305, and subsection (3) of this section, the declaration must be filed no later than 5 p.m. on the 90th day before the election and must contain:\n(a) the candidate's name, including:\n(i) the candidate's first and last names;\n(ii) the candidate's initials, if any, used instead of a first name, or first and middle name, and the candidate's last name;\n(iii) the candidate's nickname, if any, used instead of a first name, and the candidate's last name; and\n(iv) a derivative or diminutive name, if any, used instead of a first name, and the candidate's last name;\n(b) the candidate's mailing address;\n(c) a statement declaring the candidate's intention to be a write-in candidate;\n(d) the title of the office sought;\n(e) the date of the election;\n(f) the date of the declaration; and\n(g) the candidate's signature.\n(2) An unsuccessful candidate for office at a primary election may not seek nomination by write-in vote or petition for the same office at the general election.\n(3) A declaration of intent may be filed after the deadline provided for in subsection (1) but no later than 5 p.m. on the day before the election if, after the deadline prescribed in subsection (1), a candidate for the office that the write-in candidate is seeking dies or is charged with a felony offense and if the election has not been canceled as provided by law.\n(4) The secretary of state shall notify each election administrator of the names of write-in candidates who have filed a declaration of intent with the secretary of state. Each election administrator shall notify the election judges in the county or district of the names of write-in candidates who have filed a declaration of intent.\n(5) A properly completed and signed declaration of intent may be provided to the election administrator or secretary of state:\n(a) by facsimile transmission;\n(b) in person;\n(c) by mail; or\n(d) by electronic mail.\n(6) A declaration is not valid until the filing fee required pursuant to 13-10-202 is received by the secretary of state or the election administrator.\n(7) A write-in candidate who files a declaration of intent for a general election may not file with a partisan, nonpartisan, or independent designation.","path":["TITLE 13. ELECTIONS","CHAPTER 10. PRIMARY ELECTIONS AND NOMINATIONS","Part 2. Preprimary Procedures"],"source_url":"https://mca.legmt.gov/bills/mca/title_0130/chapter_0100/part_0020/section_0110/0130-0100-0020-0110.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:46:18Z","sha256":"3e3591d79818d52ddf2b7f39a556fdc59020215e9fda8eb9ae63bd0e5a91ad57","source_id":"us-mt","stale":false,"prev":"us-mt/13-10-210","next":"us-mt/13-10-301"},"notice":"GroundRules: Original legal text. Not legal advice."}