Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 16. PUBLIC OFFICERS · Part 5. Vacancy and Succession
Montana Code Annotated

Mont. Code Ann. § 2-16-501 (2026)

Vacancies Created

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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 16
  4. Part 5
  5. 2-16-501 Vacancies created

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 16. PUBLIC OFFICERS

Part 5. Vacancy and Succession

Vacancies Created

2-16-501. Vacancies created. An office becomes vacant on the occurrence of any one of the following events before the expiration of the term of the incumbent:

(1) the death of the incumbent;

(2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent suffers from a mental disorder and is in need of commitment;

(3) the effective date stipulated in the resignation of the incumbent;

(4) removal of the incumbent from office;

(5) the incumbent's ceasing to be a resident of the state or, if the office is local, of the district, city, county, town, or township for which the incumbent was chosen or appointed or within which the duties of the incumbent's office are required to be discharged;

(6) except as provided in 10-1-1008, absence of the incumbent from the state, without the permission of the legislature, beyond the period allowed by law;

(7) the incumbent's ceasing to discharge the duty of the incumbent's office for the period of 3 consecutive months, except when prevented by sickness, when absent from the state by permission of the legislature, or as provided in 10-1-1008;

(8) conviction of the incumbent of a felony or of an offense involving moral turpitude or a violation of the incumbent's official duties;

(9) the incumbent's refusal or neglect to file the incumbent's official oath or bond within the time prescribed;

(10) the decision of a competent tribunal declaring void the incumbent's election or appointment.

History: En. Sec. 42, p. 385, Bannack Stat.; re-en. Sec. 42, p. 468, Cod. Stat. 1871; amd. Sec. 554, 5th Div. Rev. Stat. 1879; re-en. Sec. 1046, 5th Div. Comp Stat. 1887; amd. Sec. 1101, Pol. C. 1895; re-en. Sec. 420, Rev. C. 1907; re-en. Sec. 511, R.C.M. 1921; Cal. Pol. C. Sec. 996; re-en. Sec. 511, R.C.M. 1935; R.C.M. 1947, 59-602; amd. Sec. 26, Ch. 184, L. 1979; amd. Sec. 1, Ch. 490, L. 1997; amd. Sec. 20, Ch. 381, L. 2005; amd. Sec. 1, Ch. 266, L. 2011; amd. Sec. 1, Ch. 418, L. 2017.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1985–2025 · leading case: Inquiry Concerning Complaint Of: Jud. Standards Comm'n v. Leroy Not Afraid, 2010 MT 285, 245 P.3d 1116.
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Inquiry Concerning Complaint Of: Jud. Standards Comm'n v. Leroy Not Afraid, 2010 MT 285, 245 P.3d 1116. · cites it 4× “See § 2-16-501(6), MCA ("An office becomes vacant on the happening of any one of the following events before the expiration of the term of the incumbent: .”
Conboy v. State, 693 P.2d 547 (Mont. 1985). · cites it 2× “They also agree that plaintiff did not subscribe, take and file the oath of office as required by § 3-2-406, MCA.”
State v. Joel Boniek, 2014 MT 313N. · cites it 6× “¶13 With respect to Boniek’s challenge to the authority of the Deputy County Attorney, the District Court correctly ruled that § 2-16-501(9), MCA, prescribing that officers’ positions become vacant in the event of “the incumbent’s refusal or neglect to file the incumbent’s…”
R. Skurdal v. J. Walker, 2025 MT 174, 573 P.3d 762. · cites it 2× “” Additionally, under § 2-16-501(9), MCA, an office becomes vacant upon “the incumbent’s refusal or neglect to file the incumbent’s official oath or bond within the time prescribed.”
Mont. Code Ann. § 2-16-501(6): 1 case
Inquiry Concerning Complaint Of: Jud. Standards Comm'n v. Leroy Not Afraid, 2010 MT 285, 245 P.3d 1116. “See § 2-16-501(6), MCA ("An office becomes vacant on the happening of any one of the following events before the expiration of the term of the incumbent: .”
Mont. Code Ann. § 2-16-501(9): 3 cases
Conboy v. State, 693 P.2d 547 (Mont. 1985). “They also agree that plaintiff did not subscribe, take and file the oath of office as required by § 3-2-406, MCA.”
State v. Joel Boniek, 2014 MT 313N. “¶13 With respect to Boniek’s challenge to the authority of the Deputy County Attorney, the District Court correctly ruled that § 2-16-501(9), MCA, prescribing that officers’ positions become vacant in the event of “the incumbent’s refusal or neglect to file the incumbent’s…”
R. Skurdal v. J. Walker, 2025 MT 174, 573 P.3d 762. “” Additionally, under § 2-16-501(9), MCA, an office becomes vacant upon “the incumbent’s refusal or neglect to file the incumbent’s official oath or bond within the time prescribed.”
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