Montana Code Annotated

Mont. Code Ann. § 13-27-104 (2026)

Time For Filing

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TITLE 13. ELECTIONS

CHAPTER 27. STATEWIDE BALLOT ISSUES

Part 1. General Provisions

Time For Filing

13-27-104. Time for filing. Unless a specific time for filing is provided in the constitution, all petitions filed with the secretary of state, certified as provided by law, must be received before 5 p.m. of the third Friday of the fourth month prior to the election at which they are to be voted upon by the people.

History: En. 37-125 by Sec. 11, Ch. 342, L. 1977; R.C.M. 1947, 37-125; amd. Sec. 4, Ch. 359, L. 1991.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2006–2022 · leading case: Montana Consum. Fin. Ass'n v. State ex rel. Bullock, 2010 MT 185, 238 P.3d 765.
Montana Consum. Fin. Ass'n v. State ex rel. Bullock, 2010 MT 185, 238 P.3d 765. · cites it 6× “Section 13-27-104, MCA. Thus, the proponent of a ballot issue for the November 2, 2010 ballot could theoretically start circulating petitions as of June 16, 2009, and submitting signed petitions to county election officials as of October 16, 2009, but no later than June 16, 2010.”
Not in Montana: Citizens Against CI-97 v. State ex rel. McGrath, 2006 MT 278, 147 P.3d 174. · cites it 2× “The Secretary of State then certified to the Governor that Proponents had filed a completed petition, as required by § 13-27-308, MCA, on the statutory deadline of July 21, 2006, as determined by § 13-27-104, MCA. ¶4 “Not In Montana: Citizens Against CI-97” (Opponents) timely…”
J. Meyer v. Knudsen, 2022 MT 109, 510 P.3d 1246. “See §§ 13-27-104, -202, -301, MCA (providing a pre-election deadline for submitting petitions, permitting petition circulation up to a year prior to that date, and permitting signature submission up to nine months prior to that date).”
Montana Consum. Fin. v. State, No. 10-0371 (Mont. Aug. 17, 2010). · cites it 3× “Section 13-27-104, MCA. Thus, the proponent of a ballot issue for the November 2, 2010 ballot could theoretically start circulating petitions as of June 16, 2009, and submitting signed petitions to county election officials as of October 16, 2009, but no later than June 16, 2010.”
Bernard Harrington v. State, 2010 MT 185. · cites it 3× “Section 13-27-104, MCA. Thus, the proponent of a ballot issue for the November 2, 2010 ballot could theoretically start circulating petitions as of June 16, 2009, and submitting signed petitions to county election officials as of October 16, 2009, but no later than June 16, 2010.”
Bernard Harrington v. State, No. 10-0366 (Mont. Aug. 17, 2010). · cites it 3× “Section 13-27-104, MCA. Thus, the proponent of a ballot issue for the November 2, 2010 ballot could theoretically start circulating petitions as of June 16, 2009, and submitting signed petitions to county election officials as of October 16, 2009, but no later than June 16, 2010.”
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