Montana Code Annotated

Mont. Code Ann. § 2-16-601 (2026)

Short Title

✓ current as of May 2026
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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 16. PUBLIC OFFICERS

Part 6. Montana Recall Act

Short Title

2-16-601. Short title. This part shall be cited as the "Montana Recall Act".

History: En. Sec. 1, I.M. No. 73, approved November 2, 1976; amd. Sec. 2, Ch. 364, L. 1977; R.C.M. 1947, 59-610.

Notes of Decisions
Cited in 5 cases, 1981–2018 · leading case: Montana Auto. Ass'n v. Greely, 632 P.2d 300 (Mont. 1981).
Montana Auto. Ass'n v. Greely, 632 P.2d 300 (Mont. 1981). · cites it 4× “Any public official holding elective office adjudged *317 in violation of the provisions of this act is additionally subject to recall under Montana Recall Act, § 2-16-601, MCA et seq, and such violation shall constitute an additional basis for recall to those mentioned in §…”
State Ex Rel. Palmer v. Hart, 655 P.2d 965 (Mont. 1982). · cites it 2× “Whether section 2-16-620(3), MCA, requires the certifying officer to compare and verify the signatures on all of the circulation sheets of a petition within fifteen days.”
Foster v. Kovich, 673 P.2d 1239 (Mont. 1983). · cites it 4× “Second, he argues that the Montana Recall Act, Section 2-16-601 et seq., MCA, is unconstitutional because it delegates legislative power to the election administrator to determine the sufficiency of the petition as to form.”
Steadman v. Halland, 641 P.2d 448 (Mont. 1982). · cites it 2× “Is Mandamus the proper remedy for petitioners to seek in challenging respondent’s rejection of their recall petition? (2) Did the District Court err in allowing Richard Shaffer to intervene? This appeal arises from an attempt by petitioners to recall Yellowstone County Sheriff…”
Davis v. Jefferson Cnty. Election Off., 2018 MT 32 (Mont. 2018). “In Montana, the Montana Recall Act, §§ 2-16-601 to -635, MCA, governs recall elections and requires an elector seeking a recall election to produce a recall petition and a circulation sheet for each elected officer she wishes to recall.”
— Mont. Code Ann. § 2-16-601(3) — 1 case
Foster v. Kovich, 673 P.2d 1239 (Mont. 1983). “Second, he argues that the Montana Recall Act, Section 2-16-601 et seq., MCA, is unconstitutional because it delegates legislative power to the election administrator to determine the sufficiency of the petition as to form.”
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