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

Mont. Code Ann. § 13-10-602 (2026)

Use Of Party Name

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  1. MCA Contents
  2. TITLE 13
  3. CHAPTER 10
  4. Part 6
  5. 13-10-602 Use of party name

TITLE 13. ELECTIONS

CHAPTER 10. PRIMARY ELECTIONS AND NOMINATIONS

Part 6. Nominations by Primary Election

Use Of Party Name

13-10-602. Use of party name. (1) Except as provided in subsection (3), a political party and its regularly nominated candidates, members, and officers have the sole and exclusive right to the use of the party name. A candidate for office may not use any word of the name of any other political party or organization other than that by which the candidate is nominated in a manner that indicates or implies the individual is a candidate of the nonnominating party.

(2) An independent or nonpartisan candidate, except as provided in subsection (3), may not use any word of the name of any existing political party or organization in the candidacy in a manner that indicates or implies that the individual is a candidate of that party or organization.

(3) A candidate for an elective office under an elected county official government provided for in 7-3-111 who is running in an election conducted after electors have approved a change pursuant to 7-3-103(4) in the type of election held from partisan to nonpartisan may use a party name or symbol in the candidate's campaign material.

History: En. Sec. 80, Ch. 368, L. 1969; R.C.M. 1947, 23-3320(2), (3); amd. Sec. 44, Ch. 56, L. 2009; amd. Sec. 10, Ch. 368, L. 2017; amd. Sec. 4, Ch. 345, L. 2019.

Notes of Decisions
Cited in 2 cases, 2014–2017 · leading case: Mark French v. Blair Jones, 876 F.3d 1228 (9th Cir. 2017).
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Mark French v. Blair Jones, 876 F.3d 1228 (9th Cir. 2017). “1; Mont. Code Ann. § 13-10-602 (2). Only one restriction is at issue here.”
French v. McLean, 54 F. Supp. 3d 1146 (D. Mont. 2014). “The injunction, as sought, would not address that the Plaintiff would still be prohibited from using “the name of any existing political party or organization in the candidacy” under Montana Code Annotated' § 13-10-602(2). That statute is not challenged and Plaintiff would not…”
Mont. Code Ann. § 13-10-602(2): 1 case
French v. McLean, 54 F. Supp. 3d 1146 (D. Mont. 2014). “The injunction, as sought, would not address that the Plaintiff would still be prohibited from using “the name of any existing political party or organization in the candidacy” under Montana Code Annotated' § 13-10-602(2). That statute is not challenged and Plaintiff would not…”
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