Montana Code Annotated

Mont. Code Ann. § 13-35-225 (2026)

Election Materials Not To Be Anonymous -- Notice -- Penalty

✓ 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

Election Materials Not To Be Anonymous -- Notice -- Penalty

13-35-225. Election materials not to be anonymous -- notice -- penalty. (1) All election communications, electioneering communications, and independent expenditures must clearly and conspicuously include the attribution "paid for by" followed by the name and address of the person who made or financed the expenditure for the communication. The attribution must contain:

(a) for election communications or electioneering communications financed by a candidate or a candidate's campaign finances, the name and the address of the candidate or the candidate's campaign;

(b) for election communications, electioneering communications, or independent expenditures financed by a political committee or a joint fundraising committee, the name of the committee, the name of the committee treasurer, deputy treasurer, secretary, vice chairperson, or chairperson, as designated pursuant to 13-37-201(2)(b), and the address of the committee or the named committee officer; and

(c) for election communications, electioneering communications, or independent expenditures financed by a political committee that is a corporation or a union, the name of the corporation or union, its chief executive officer or equivalent, and the address of the principal place of business.

(2) Communications in a partisan election financed by a candidate, a political committee organized on the candidate's behalf, or a joint fundraising committee with a participant who is a candidate or a political committee organized on the candidate's behalf must state the candidate's party affiliation or include the party symbol.

(3) If a document or other article of advertising is too small for the requirements of subsections (1) and (2) to be conveniently included, the candidate responsible for the material or the person financing the communication shall file a copy of the article with the commissioner of political practices, together with the required information or statement, at the time of its public distribution.

(4) If information required in subsections (1) and (2) is omitted or not printed or if the information required by subsection (3) is not filed with the commissioner, upon discovery of or notification about the omission, the candidate responsible for the material or the person financing the communication shall:

(a) file notification of the omission with the commissioner of political practices within 2 business days of the discovery or notification;

(b) bring the material into compliance with subsections (1) and (2) or file the information required by subsection (3) with the commissioner; and

(c) withdraw any noncompliant communication from circulation as soon as reasonably possible.

(5) Whenever the commissioner receives a complaint alleging any violation of subsections (1) and (2), the commissioner shall as soon as practicable assess the merits of the complaint.

(6) (a) If the commissioner determines that the complaint has merit, the commissioner shall notify the complainant and the candidate or political committee of the commissioner's determination. The notice must state that the candidate or political committee shall bring the material into compliance as required under this section:

(i) within 2 business days after receiving the notification if the notification occurs more than 7 days prior to an election; or

(ii) within 24 hours after receiving the notification if the notification occurs 7 days or less prior to an election.

(b) When notifying the candidate or campaign committee under subsection (6)(a), the commissioner shall include a statement that if the candidate, political committee, or joint fundraising committee fails to bring the material into compliance as required under this section, the candidate, political committee, or joint fundraising committee is subject to a civil penalty pursuant to 13-37-128.

History: En. 23-47-133 by Sec. 33, Ch. 334, L. 1977; R.C.M. 1947, 23-47-133; amd. Sec. 221, Ch. 571, L. 1979; amd. Sec. 1, Ch. 368, L. 1987; amd. Sec. 1, Ch. 23, L. 1991; amd. Sec. 1, Ch. 482, L. 1991; amd. Sec. 1, Ch. 415, L. 2003; amd. Sec. 1, Ch. 419, L. 2003; amd. Sec. 1, Ch. 367, L. 2013; amd. Sec. 1, Ch. 423, L. 2013; amd. Sec. 3, Ch. 259, L. 2015; amd. Sec. 1, Ch. 212, L. 2019; amd. Sec. 1, Ch. 319, L. 2019; amd. Sec. 4, Ch. 494, L. 2021.

Notes of Decisions
Cited in 8 cases, 1995–2016 · leading case: W. Tradition P'ship, Inc. v. Attorney Gen., 2011 MT 328 (Mont. 2011).
W. Tradition P'ship, Inc. v. Attorney Gen., 2011 MT 328 (Mont. 2011). · cites it 5× “Section 13-35-225, MCA. ¶5 Champion Painting, Inc.”
Nat'l Ass'n for Gun Rights, Inc. v. Motl, 188 F. Supp. 3d 1020 (D. Mont. 2016). · cites it 15× “Fox, and Leo Gallagher 1 (collectively “Defendants”) from enforcing Montana Code Annotated (“MCA”) § 13-35-225(3), Montana’s vote disclosure statute.”
Lair v. Murry, 871 F. Supp. 2d 1058 (D. Mont. 2012). · cites it 14× “Background The plaintiffs are individuals, corporations, political committees, associations, and political parties that have expressed a desire to take actions that would violate several of Montana’s campaign finance and election laws: • Montana Code Annotated § 13-35-225(3)(a),…”
McIntyre v. Ohio Elections Comm'n, 514 U.S. 334 (1995). “1994); Mont. Code Ann. § 13-35-225 (1993); Neb. Rev.”
Lair v. Motl, 189 F. Supp. 3d 1024 (D. Mont. 2016). · cites it 4× “See Mont. Code Ann. §§ 13-35-225 (3)(a), 13-37-131, 13-35-227.”
Lair v. Murry, 903 F. Supp. 2d 1077 (D. Mont. 2012). · cites it 5× “66); Mont. Code Ann. §§ 13-35-225 (3)(a), 13-37-131.”
Montanans for Cmty. Dev. v. Motl, 216 F. Supp. 3d 1128 (D. Mont. 2016). · cites it 3× “§ 13-35-225; Admin. R. Mont. 44.11.601. MCD contends that these are content based restrictions that are “not narrowly tailored to serve an overriding state interest!,] they compel information already disclosed to the Commissioner!,] and are underinclu-sive because they require…”
Lair v. Murry, 846 F. Supp. 2d 1116 (D. Mont. 2012). · cites it 20× “The Court grants the motion as to the voter-reporting requirement, Mont.Code Ann. § 13-35-225(3)(a), and the political-civil-libel provision, Mont.”
Mont. Code Ann. § 13-35-225(1): 1 case
Montanans for Cmty. Dev. v. Motl, 216 F. Supp. 3d 1128 (D. Mont. 2016). “§ 13-35-225; Admin. R. Mont. 44.11.601. MCD contends that these are content based restrictions that are “not narrowly tailored to serve an overriding state interest!,] they compel information already disclosed to the Commissioner!,] and are underinclu-sive because they require…”
Mont. Code Ann. § 13-35-225(3): 1 case
Nat'l Ass'n for Gun Rights, Inc. v. Motl, 188 F. Supp. 3d 1020 (D. Mont. 2016). “Fox, and Leo Gallagher 1 (collectively “Defendants”) from enforcing Montana Code Annotated (“MCA”) § 13-35-225(3), Montana’s vote disclosure statute.”
Mont. Code Ann. § 13-35-225(3)(a): 5 cases
Lair v. Murry, 871 F. Supp. 2d 1058 (D. Mont. 2012). “Background The plaintiffs are individuals, corporations, political committees, associations, and political parties that have expressed a desire to take actions that would violate several of Montana’s campaign finance and election laws: • Montana Code Annotated § 13-35-225(3)(a),…”
Lair v. Motl, 189 F. Supp. 3d 1024 (D. Mont. 2016). “See Mont. Code Ann. §§ 13-35-225 (3)(a), 13-37-131, 13-35-227.”
Nat'l Ass'n for Gun Rights, Inc. v. Motl, 188 F. Supp. 3d 1020 (D. Mont. 2016). “Fox, and Leo Gallagher 1 (collectively “Defendants”) from enforcing Montana Code Annotated (“MCA”) § 13-35-225(3), Montana’s vote disclosure statute.”
Lair v. Murry, 903 F. Supp. 2d 1077 (D. Mont. 2012). “66); Mont. Code Ann. §§ 13-35-225 (3)(a), 13-37-131.”
Lair v. Murry, 846 F. Supp. 2d 1116 (D. Mont. 2012). “The Court grants the motion as to the voter-reporting requirement, Mont.Code Ann. § 13-35-225(3)(a), and the political-civil-libel provision, Mont.”
Mont. Code Ann. § 13-35-225(3)(a)(ii): 2 cases
Lair v. Murry, 871 F. Supp. 2d 1058 (D. Mont. 2012). “Background The plaintiffs are individuals, corporations, political committees, associations, and political parties that have expressed a desire to take actions that would violate several of Montana’s campaign finance and election laws: • Montana Code Annotated § 13-35-225(3)(a),…”
Lair v. Murry, 846 F. Supp. 2d 1116 (D. Mont. 2012). “The Court grants the motion as to the voter-reporting requirement, Mont.Code Ann. § 13-35-225(3)(a), and the political-civil-libel provision, Mont.”
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