2-16-504. Elective officers' inability to perform -- filling vacancy -- notice. (1) When an incumbent in the office of lieutenant governor, secretary of state, attorney general, auditor, or superintendent of public instruction is found to be permanently unable to perform the functions of his position, a vacancy exists.
     (2) When a written declaration, made as hereinafter provided, is transmitted to the legislature that any such officer is unable to discharge the powers and duties of this office, the legislature may convene in the manner provided for the convening of special sessions to determine whether such disability exists or it may defer such determination to the next regular session of the legislature.
     (3) If the legislature within 21 days after convening, whether in regular or special session, determines by two-thirds vote of its members that such officer is unable to discharge the powers and duties of his office, this office shall be declared to be vacant and shall be filled as provided by the constitution of Montana or laws enacted pursuant thereto.
     (4) The written declaration required hereunder shall be made and transmitted by the lieutenant governor and attorney general unless one of them is the officer whose disability is in question. If the lieutenant governor is the subject of the declaration, the declaration shall be made by the governor and attorney general; if the attorney general is the subject of the declaration, the declaration shall be made by the governor and secretary of state.

     History: En. Sec. 1, Ch. 343, L. 1973; R.C.M. 1947, 59-609.