Montana Code Annotated

Mont. Code Ann. § 13-37-131 (2026)

Misrepresentation Of Voting Record

✓ current as of May 2026

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TITLE 13. ELECTIONS

CHAPTER 37. CONTROL OF CAMPAIGN PRACTICES

Part 1. Commissioner of Political Practices

Misrepresentation Of Voting Record

13-37-131. Misrepresentation of voting record. (1) It is unlawful for a person to misrepresent a candidate's public voting record with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false.

(2) It is unlawful for a person to misrepresent to a candidate another candidate's public voting record with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false.

(3) For the purposes of this section, the public voting record of a candidate who was previously a member of the legislature includes a vote of that candidate recorded in committee minutes or in journals of the senate or the house of representatives. Failure of a person to verify a public voting record is evidence of the person's reckless disregard if the statement made by the person or the information provided to the candidate is false.

(4) A person violating subsection (1) or (2) is liable in a civil action brought by the commissioner or county attorney pursuant to 13-37-124 for an amount up to $1,000. An action pursuant to this section is subject to the provisions of 13-37-129 and 13-37-130.

History: En. Sec. 1, Ch. 483, L. 1995; amd. Sec. 1, Ch. 352, L. 1999; amd. Sec. 2, Ch. 367, L. 2013.

Notes of Decisions

Cited in 7 cases, 1998–2016 · leading case: Doty v. Montana Comm'r of Political Practices, 2007 MT 341 (Mont. 2007).

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Doty v. Montana Comm'r of Political Practices, 2007 MT 341 (Mont. 2007). · cites it 10× “Section 13-37-131(1), MCA, is Montana’s political civil libel statute, and reads: “It is unlawful for a person to misrepresent a candidate’s public voting record or any other matter *280 that is relevant to the issues of the campaign with knowledge that the assertion is false or…”

Lair v. Murry, 871 F. Supp. 2d 1058 (D. Mont. 2012). · cites it 12× “re 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), which requires authors of…”

Montana Right to Life Ass'n v. Eddleman, 999 F. Supp. 1380 (D. Mont. 1998). · cites it 10× “MontCode Ann. § 13-37-131 13-37-131. Misrepresentation of voting record — political civil libel.”

Rickert v. Pub. Disclosure Comm'n, 161 Wash. 2d 843 (Wash. 2007). · cites it 3× “06 (West); Mont. Code Ann. § 13-37-131 (LexisNexis); Ohio Rev.”

Lair v. Murry, 846 F. Supp. 2d 1116 (D. Mont. 2012). · cites it 22× “§ 13-35-225(3)(a), and the political-civil-libel provision, Mont. Code Ann. § 13-37-131 . Both of those statutes are unconstitutionally vague.”

Lair v. Motl, 189 F. Supp. 3d 1024 (D. Mont. 2016). “iffs filed this lawsuit in the Billings Division for the District of Montana on September 6, 2011, alleging that the following Montana state statutes violate the First Amendment and are facially unconstitutional: Montana Code Annotated § 13-35-225(3)(a), which requires authors…”

Lair v. Murry, 903 F. Supp. 2d 1077 (D. Mont. 2012). “The statutes that they challenge are: Montana Code Annotated § 13-35-225(3)(a), which requires authors of political election materials to disclose another candidate’s voting record; Montana Code Annotated § 13-37-131, which makes it unlawful for a person to misrepresent a…”

— Mont. Code Ann. § 13-37-131(1) — 1 case

Doty v. Montana Comm'r of Political Practices, 2007 MT 341 (Mont. 2007). “Section 13-37-131(1), MCA, is Montana’s political civil libel statute, and reads: “It is unlawful for a person to misrepresent a candidate’s public voting record or any other matter *280 that is relevant to the issues of the campaign with knowledge that the assertion is false or…”

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