13-12-207. Order of placement. (1) The order on the ballot for state and national offices must be as follows:
     (a) If the election is in a year in which a president of the United States is to be elected, in spaces separated from the balance of the party tickets by a heavy black line must be the names and spaces for voting for candidates for president and vice president. The names of candidates for president and vice president for each political party must be grouped together.
     (b) United States senator;
     (c) United States representative;
     (d) governor and lieutenant governor;
     (e) secretary of state;
     (f) attorney general;
     (g) state auditor;
     (h) public service commissioners;
     (i) state superintendent of public instruction;
     (j) clerk of the supreme court;
     (k) chief justice of the supreme court;
     (l) justices of the supreme court;
     (m) district court judges;
     (n) state senators;
     (o) members of the house of representatives.
     (2) The following order of placement must be observed for county offices:
     (a) clerk of the district court;
     (b) county commissioner;
     (c) county clerk and recorder;
     (d) sheriff;
     (e) coroner;
     (f) county attorney;
     (g) county superintendent of schools;
     (h) county auditor;
     (i) public administrator;
     (j) county assessor;
     (k) county treasurer;
     (l) surveyor;
     (m) justice of the peace.
     (3) The secretary of state shall designate the order for placement on the ballot of any offices not on the above lists, except that the election administrator shall designate the order of placement for municipal, charter, or consolidated local government offices and district offices when the district is part of only one county.
     (4) Constitutional amendments must be placed before statewide referendum and initiative measures. Ballot issues for a county, municipality, school district, or other political subdivision must follow statewide measures in the order designated by the election administrator.
     (5) If any offices are not to be elected they may not be listed, but the order of the offices to be filled must be maintained.
     (6) If there is a short-term and a long-term election for the same office, the long-term office must precede the short-term.

     History: Ap. p. Sec. 96, Ch. 368, L. 1969; amd. Sec. 5, Ch. 28, L. 1973; amd. Sec. 22, Ch. 315, L. 1974; amd. Sec. 29, Ch. 365, L. 1977; amd. Sec. 3, Ch. 468, L. 1977; Sec. 23-3513, R.C.M. 1947; Ap. p. Sec. 100, Ch. 368, L. 1969; Sec. 23-3517, R.C.M. 1947; R.C.M. 1947, 23-3513, 23-3517(1), (2); amd. Sec. 97, Ch. 571, L. 1979; amd. Sec. 13, Ch. 7, L. 2001.