Mont. Code Ann. » TITLE 13. ELECTIONS · CHAPTER 27. STATEWIDE BALLOT ISSUES · Part 3. Processing After Circulation ofPetitions for Signature
Montana Code Annotated

Mont. Code Ann. § 13-27-302 (2026)

Certification Of Signatures

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 13
  3. CHAPTER 27
  4. Part 3
  5. 13-27-302 Certification of signatures

TITLE 13. ELECTIONS

CHAPTER 27. STATEWIDE BALLOT ISSUES

Part 3. Processing After Circulation ofPetitions for Signature

Certification Of Signatures

13-27-302. Certification of signatures. (1) An affidavit, in substantially the following form, must be attached to each sheet or section submitted to the county official:

I, (name of person who is the signature gatherer), swear that I gathered the signatures on the petition to which this affidavit is attached on the stated dates, that I believe the signatures on the petition are genuine, are the signatures of the persons whose names they purport to be, and are the signatures of Montana electors who are registered at the address or have the telephone number following the person's signature, and that the signers knew the contents of the petition before signing the petition.

______________________________________

(Date on which the first signature was gathered)

______________________________________

(Signature of petition signature gatherer)

______________________________________

(Address of petition signature gatherer)

Subscribed and sworn to before me this ___ day of _________, 20__

Seal______________________________________

(Person authorized to take oaths)

______________________________________

(Title or notarial information)

(2) (a) (i) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 287 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 273 days before the final date provided in 13-27-104 for filing the petition.

(ii) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 196 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 182 days before the final date provided in 13-27-104 for filing the petition.

(iii) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 126 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 112 days before the final date provided in 13-27-104 for filing the petition.

(iv) For an affidavit provided for in subsection (1) that is attached to a signature sheet with a collected signature dated 98 days or more prior to the final date provided in 13-27-104 for filing the petition, the signature gatherer or an agent of the group gathering signatures shall submit the affidavit and the signature sheet or the section to which the affidavit is attached to the county election administrator by 84 days before the final date provided in 13-27-104 for filing the petition.

(b) Once the affidavit provided for in subsection (1) is submitted, the election administrator shall date stamp the affidavit, register it in a log, and provide a receipt of submission to the signature gatherer or agent of the group gathering signatures.

(c) If the affidavit and the signature sheet or the section to which the affidavit is attached are subject to a deadline in subsection (2)(a) and are not submitted within the timeline required under subsection (2)(a), the county election administrator shall reject the filing and may not process it further.

History: En. 37-122 by Sec. 8, Ch. 342, L. 1977; R.C.M. 1947, 37-122(2); amd. Sec. 6, Ch. 488, L. 1981; amd. Sec. 21, Ch. 51, L. 1999; amd. Sec. 12, Ch. 537, L. 2001; amd. Sec. 9, Ch. 323, L. 2003; amd. Sec. 14, Ch. 481, L. 2007; amd. Sec. 1, Ch. 590, L. 2025.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2006–2022 · leading case: Larson v. State, 434 P.3d 241 (Mont. 2019).
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Larson v. State, 434 P.3d 241 (Mont. 2019). · cites it 15× “" Section 13-27-302, MCA. See also § 13-10-601(2)(c), MCA.”
Montanans for Just.: Vote No on CI-98 Not in Montana: Citizens Against CI-97 & Prop. Owners Against I-154 v. State Ex Rel. McGrath, 2006 MT 277 (Mont. 2006). · cites it 22× “” 2 Section 13-27-302, MCA. ¶11 Proponents began collecting signatures throughout the state of Montana in March 2006 and collected them until June 23, 2006, the date on which all gathered signatures had to be submitted to county *243 election administrators for certification.”
Cottonwood Env't v. Knudsen (Mont. 2022). “See § 13-27-302(1)(a), (2), MCA. The Attorney General's review serves as another opportunity toensure there are no linguistic issues with communicating the measure plainly and impartially, as does this Court's review in a proceeding under § 13-27-316(1), MCA.”
— Mont. Code Ann. § 13-27-302(1)(a) — 1 case
Cottonwood Env't v. Knudsen (Mont. 2022). “See § 13-27-302(1)(a), (2), MCA. The Attorney General's review serves as another opportunity toensure there are no linguistic issues with communicating the measure plainly and impartially, as does this Court's review in a proceeding under § 13-27-316(1), MCA.”
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