Montana Code Annotated

Mont. Code Ann. § 13-35-211 (2026)

Electioneering -- Soliciting Information From Electors

✓ current as of May 2026

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TITLE 13. ELECTIONS

CHAPTER 35. ELECTION AND CAMPAIGN PRACTICES AND CRIMINAL PROVISIONS

Part 2. Specific Provisions

Electioneering -- Soliciting Information From Electors

13-35-211. Electioneering -- soliciting information from electors. (1) A person may not do any electioneering at any location where an elector may obtain or vote a ballot, or within 100 feet of any entrance to a building in which an elector may obtain or vote a ballot, during the hours the location is open to obtain or vote a ballot, that aids or promotes the success or defeat of any candidate or ballot issue to be voted on at the election.

(2) A candidate, a family member of a candidate, or a worker or volunteer for the candidate's campaign may not distribute alcohol, tobacco, food, drink, or anything of value to a voter in any location where an elector may obtain or vote a ballot, or within 100 feet of an entrance to a building in which an elector may obtain or vote a ballot, during the hours the location is open to electors to obtain or vote a ballot.

(3) A person may not buy, sell, give, wear, or display at any location where an elector may obtain or vote a ballot, during the hours the location is open to electors to obtain or vote a ballot, any badge, button, or other insignia that is designed or tends to aid or promote the success or defeat of any candidate or ballot issue to be voted on at the election.

(4) A person within a location where an elector may obtain or vote a ballot, during the hours the location is open to electors to obtain or vote a ballot, may not solicit from an elector, before or after the elector has marked a ballot and returned it to an election judge, information as to whether the elector intends to vote or has voted for or against a candidate or ballot issue.

History: En. 23-47-119 by Sec. 19, Ch. 334, L. 1977; R.C.M. 1947, 23-47-119; amd. Sec. 219, Ch. 571, L. 1979; amd. Sec. 1, Ch. 192, L. 1985; amd. Sec. 1, Ch. 216, L. 1989; amd. Sec. 2, Ch. 401, L. 2001; amd. Sec. 1, Ch. 241, L. 2015; amd. Sec. 1, Ch. 342, L. 2025.

Notes of Decisions

Cited in 4 cases, 1988–2018 · leading case: Minnesota Voters All. v. Mansky.

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Minnesota Voters All. v. Mansky (2018). “637 (18) (2006) Montana- Mont. Code Ann. §13-35-211 (2017) Nebraska- Neb.”

Nat'l Broad. Co., Inc. v. Colburg (D. Mont. 1988). · cites it 5× “Plaintiff (“NBC”) complains of the constitutional invalidity of that portion of Montana Code Annotated § 13-35-211(3) * which prohibits any person within 200 feet of any building in which an election is being held from asking voters for whom they voted.”

Paulsen v. Huestis (Mont. 2000). · cites it 2× “¶26 The county election officials testified that, in their view, an actual posting of Paulsen’s list of names would have violated Montana law regarding electioneering within a prohibited distance of polling places under § 13-35-211, MCA. We do not reach that question here, but…”

Nat'l Right to Life Political Action Comm. v. McGrath (D. Mont. 1997). “Heather Clapsaddle, an agent and employee of NRLPAC, and told her that the ongoing political calls were illegal under Montana law, specifically sections 13-35-211 and Í3r35-233 of the Montana Code Annotated.”

— Mont. Code Ann. § 13-35-211(3) — 1 case

Nat'l Broad. Co., Inc. v. Colburg (D. Mont. 1988). “Plaintiff (“NBC”) complains of the constitutional invalidity of that portion of Montana Code Annotated § 13-35-211(3) * which prohibits any person within 200 feet of any building in which an election is being held from asking voters for whom they voted.”

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