Mont. Code Ann. » TITLE 13. ELECTIONS · CHAPTER 10. PRIMARY ELECTIONS AND NOMINATIONS · Part 6. Nominations by Primary Election
Montana Code Annotated

Mont. Code Ann. § 13-10-601 (2026)

Parties Eligible For Primary Election -- Petitions By Minor Parties

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  1. MCA Contents
  2. TITLE 13
  3. CHAPTER 10
  4. Part 6
  5. 13-10-601 Parties eligible for primary election -- petitions by minor parties

TITLE 13. ELECTIONS

CHAPTER 10. PRIMARY ELECTIONS AND NOMINATIONS

Part 6. Nominations by Primary Election

Parties Eligible For Primary Election -- Petitions By Minor Parties

13-10-601. Parties eligible for primary election -- petitions by minor parties. (1) Each political party that had a candidate for a statewide office in either of the last two general elections who received a total vote that was 5% or more of the total votes cast for the most recent successful candidate for governor shall nominate its candidates for public office, except for presidential electors, by a primary election as provided in this chapter.

(2) After certification of a petition by the secretary of state under 13-10-610(1), a political party that does not qualify to hold a primary election under subsection (1) shall nominate its candidates for public office by primary election. However, this section may not be construed to prohibit an election administrator from not preparing a primary election ballot pursuant to 13-10-209.

History: En. Sec. 80, Ch. 368, L. 1969; R.C.M. 1947, 23-3320(1); amd. Sec. 88, Ch. 571, L. 1979; amd. Sec. 1, Ch. 368, L. 1981; amd. Sec. 30, Ch. 250, L. 1985; amd. Sec. 1, Ch. 196, L. 1991; amd. Sec. 7, Ch. 390, L. 1993; amd. Sec. 2, Ch. 193, L. 1999; amd. Sec. 13, Ch. 273, L. 2007; amd. Sec. 7, Ch. 292, L. 2009; amd. Sec. 9, Ch. 399, L. 2021.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1984–2021 · leading case: Larson v. State, 2019 MT 28, 434 P.3d 241.
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Larson v. State, 2019 MT 28, 434 P.3d 241. · cites it 240× “BACKGROUND ¶3 To be eligible to nominate candidates for election to public offices on the ballot in Montana, political parties must qualify as specified by § 13-10-601, MCA. In the case of a political party that did not have a candidate in either of the last two general…”
Montana Green Party v. Christi Jacobsen, 17 F.4th 919 (9th Cir. 2021). · cites it 7× “See Mont. Code Ann. § 13-10-601 (2)(a), (b), (c), & (d) (2007).”
Democratic Party v. Stapleton, 2020 MT 244. · cites it 32× “4 ¶5 The Montana Democratic Party and four petitioner signers who asked to have their signatures removed from the petition sued the Secretary, seeking an injunction to prevent the Secretary and his office from giving effect to the petition.”
Libertarian Party of South Dakota v. Kundert, 579 F. Supp. 735 (D.S.D. 1984). “07 (1982); MontCode Ann. § 13-10-601 (1983); Colo. Rev.”
Democratic Party v. Stapleton, 2020 MT 244. · cites it 3× “The District Court found—and none of the parties or amici disputed—the Montana Green Party was not involved and did not endorse the petition process at issue in this case at the time the signatures were gathered and presented to election administrators.”
Montana Green Party v. Jacobsen, No. 6:18-cv-00087 (D. Mont. Mar. 20, 2020). · cites it 14× “Second, a minor political party will appear on the primary election ballot if it submits a petition signed by registered voters that complies with the petition program described in Mont. Code Ann. § 13-10-601 (2). Montana’s petition program includes a statewide signature…”
Davis v. Stapleton, 480 F. Supp. 3d 1099 (D. Mont. 2020). · cites it 8× “” Mont. Code Ann. § 13-10-601 (2)(a). To succeed, The petition must be signed by a number of registered voters equal to 5% or more of the total votes cast for the successful candidate for governor at the last general election or 5,000 electors, whichever is less.”
Democratic Party v. Stapleton, No. DA 20-0396 (Mont. Aug. 19, 2020). · cites it 2× “of § 13-10-601(2), MCA, and thus enjoined the Secretary and all persons acting under his authority from giving any effect to the Green Party petition for ballot access.”
Byorth v. USAA Cas. Ins. Co., No. 1:17-cv-00153, 2019 WL 6715970 (D. Mont. Dec. 10, 2019). “2019) (discussing whether the legislature intended to create a private right of action for enforcing § 13-10-601(2) by declaratory judgment in connection with the UDJA).”
Mont. Code Ann. § 13-10-601(1): 1 case
Larson v. State, 2019 MT 28, 434 P.3d 241. “BACKGROUND ¶3 To be eligible to nominate candidates for election to public offices on the ballot in Montana, political parties must qualify as specified by § 13-10-601, MCA. In the case of a political party that did not have a candidate in either of the last two general…”
Mont. Code Ann. § 13-10-601(2): 5 cases
Larson v. State, 2019 MT 28, 434 P.3d 241. “BACKGROUND ¶3 To be eligible to nominate candidates for election to public offices on the ballot in Montana, political parties must qualify as specified by § 13-10-601, MCA. In the case of a political party that did not have a candidate in either of the last two general…”
Democratic Party v. Stapleton, 2020 MT 244. “4 ¶5 The Montana Democratic Party and four petitioner signers who asked to have their signatures removed from the petition sued the Secretary, seeking an injunction to prevent the Secretary and his office from giving effect to the petition.”
Democratic Party v. Stapleton, 2020 MT 244. “The District Court found—and none of the parties or amici disputed—the Montana Green Party was not involved and did not endorse the petition process at issue in this case at the time the signatures were gathered and presented to election administrators.”
Democratic Party v. Stapleton, No. DA 20-0396 (Mont. Aug. 19, 2020). “of § 13-10-601(2), MCA, and thus enjoined the Secretary and all persons acting under his authority from giving any effect to the Green Party petition for ballot access.”
Byorth v. USAA Cas. Ins. Co., No. 1:17-cv-00153, 2019 WL 6715970 (D. Mont. Dec. 10, 2019). “2019) (discussing whether the legislature intended to create a private right of action for enforcing § 13-10-601(2) by declaratory judgment in connection with the UDJA).”
Mont. Code Ann. § 13-10-601(2)(a): 2 cases
Larson v. State, 2019 MT 28, 434 P.3d 241. “BACKGROUND ¶3 To be eligible to nominate candidates for election to public offices on the ballot in Montana, political parties must qualify as specified by § 13-10-601, MCA. In the case of a political party that did not have a candidate in either of the last two general…”
Democratic Party v. Stapleton, 2020 MT 244. “4 ¶5 The Montana Democratic Party and four petitioner signers who asked to have their signatures removed from the petition sued the Secretary, seeking an injunction to prevent the Secretary and his office from giving effect to the petition.”
Mont. Code Ann. § 13-10-601(2)(b): 2 cases
Larson v. State, 2019 MT 28, 434 P.3d 241. “BACKGROUND ¶3 To be eligible to nominate candidates for election to public offices on the ballot in Montana, political parties must qualify as specified by § 13-10-601, MCA. In the case of a political party that did not have a candidate in either of the last two general…”
Montana Green Party v. Jacobsen, No. 6:18-cv-00087 (D. Mont. Mar. 20, 2020). “Second, a minor political party will appear on the primary election ballot if it submits a petition signed by registered voters that complies with the petition program described in Mont. Code Ann. § 13-10-601 (2). Montana’s petition program includes a statewide signature…”
Mont. Code Ann. § 13-10-601(2)(c): 1 case
Larson v. State, 2019 MT 28, 434 P.3d 241. “BACKGROUND ¶3 To be eligible to nominate candidates for election to public offices on the ballot in Montana, political parties must qualify as specified by § 13-10-601, MCA. In the case of a political party that did not have a candidate in either of the last two general…”
Mont. Code Ann. § 13-10-601(2)(d): 1 case
Larson v. State, 2019 MT 28, 434 P.3d 241. “BACKGROUND ¶3 To be eligible to nominate candidates for election to public offices on the ballot in Montana, political parties must qualify as specified by § 13-10-601, MCA. In the case of a political party that did not have a candidate in either of the last two general…”
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