Mont. Code Ann. § 69-1-106
This is the official text of Mont. Code Ann. § 69-1-106, part of Montana’s Code Ann — part of the compiled statutory law of Montana, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
69-1-106 Vacancies
Official statutory text
69-1-106 . Vacancies. (1) Any vacancy occurring in the commission must be filled by appointment by the governor as provided in this section. The appointee shall hold office until the next general election and until a successor is elected and qualified. At the biennial election following the occurrence of any vacancy in the commission, there must be elected one member to fill out the unexpired term for which the vacancy exists.
(2) (a) When a vacancy occurs, if the former incumbent represented a party eligible for primary election under 13-10-601 , the person appointed by the governor must be a member of the same political party and must be selected by the governor as provided in subsections (3) and (4).
(b) If the former incumbent was an independent or was originally nominated from a party that does not meet the requirements of 13-10-601 , the governor shall appoint an individual to the vacant position within 45 days of receiving notification from the secretary of state of the vacancy.
(3) Within 7 days of being notified of a vacancy as described in 2-16-501 , the secretary of state shall notify the governor and, if the former incumbent represented a party eligible for primary election under 13-10-601 , the state party that was represented by the former incumbent.
(4) (a) Upon receipt of a notification of a vacancy, the state party central committee notified pursuant to subsection (3) has 30 days to forward to the governor a list of three prospective appointees, each of whom must be a resident of the district represented by the former incumbent.
(b) If the governor does not select an appointee from the list forwarded pursuant to subsection (4)(a) within 15 days, the central committee shall, within 15 days, forward a second list of three prospective appointees, each of whom must be a resident of the district represented by the former incumbent. The second list may not contain a name submitted on the first list. Within 15 days of receipt of the second list, the governor shall select an appointee from either list.
(2) (a) When a vacancy occurs, if the former incumbent represented a party eligible for primary election under 13-10-601 , the person appointed by the governor must be a member of the same political party and must be selected by the governor as provided in subsections (3) and (4).
(b) If the former incumbent was an independent or was originally nominated from a party that does not meet the requirements of 13-10-601 , the governor shall appoint an individual to the vacant position within 45 days of receiving notification from the secretary of state of the vacancy.
(3) Within 7 days of being notified of a vacancy as described in 2-16-501 , the secretary of state shall notify the governor and, if the former incumbent represented a party eligible for primary election under 13-10-601 , the state party that was represented by the former incumbent.
(4) (a) Upon receipt of a notification of a vacancy, the state party central committee notified pursuant to subsection (3) has 30 days to forward to the governor a list of three prospective appointees, each of whom must be a resident of the district represented by the former incumbent.
(b) If the governor does not select an appointee from the list forwarded pursuant to subsection (4)(a) within 15 days, the central committee shall, within 15 days, forward a second list of three prospective appointees, each of whom must be a resident of the district represented by the former incumbent. The second list may not contain a name submitted on the first list. Within 15 days of receipt of the second list, the governor shall select an appointee from either list.
Status: in_force · Read it on the official government site
Need a lawyer in Montana?
Find a Montana lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.