Montana Code Annotated 2021

TITLE 13. ELECTIONS

CHAPTER 37. CONTROL OF CAMPAIGN PRACTICES

Part 6. Minor Parties

Definitions

13-37-601. Definitions. For the purposes of this part, the following definitions apply:

(1) (a) "Contribution" means:

(i) the receipt by a reporting entity of an advance, gift, loan, conveyance, deposit, payment, or distribution of money to support or oppose an effort to qualify a minor party for primary elections using a minor party petition;

(ii) an expenditure that is made in coordination with a minor party qualification committee formed by the minor party that is reportable by the minor party qualification committee as a contribution;

(iii) the receipt of funds transferred from another reporting entity for use to support or oppose an effort to qualify a minor party for primary elections using a minor party petition; or

(iv) the payment by a person other than a reporting entity of compensation for the personal services of another person that are rendered to the reporting entity to support or oppose an effort to qualify a minor party for primary elections using a minor party petition.

(b) The term does not mean services provided without compensation by individuals volunteering a portion or all of their time on behalf of the reporting entity.

(2) (a) "Expenditure" means a purchase, payment, distribution, loan, advance, promise, pledge, or gift of money made by a reporting entity to support or oppose an effort to qualify a minor party for primary elections using a minor party petition.

(b) The term does not mean:

(i) services, food, or lodging provided in a manner that they are not contributions under subsection (1);

(ii) the cost of any bona fide news story, commentary, blog, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication of general circulation; or

(iii) the cost of any communication by a membership organization or corporation to its members or stockholders or employees.

(3) "Minor party" means a political party that does not qualify to hold a primary election under 13-10-601(1).

(4) "Minor party petition" means a petition described by 13-10-606.

(5) "Minor party qualification committee" means a combination of two or more individuals or a person other than an individual organized to support or oppose an effort to qualify a minor political party for primary elections using a minor party petition.

(6) (a) "Reporting entity" means the following entities that receive at least $500 in aggregate contributions in a calendar year or make at least $500 in aggregate expenditures in a calendar year:

(i) except as provided by subsection (6)(b), an individual; or

(ii) a minor party qualification committee.

(b) The term does not mean an individual if the individual's contributions and expenditures are otherwise reportable by a minor party qualification committee. This exception includes but is not limited to an individual who is a signature gatherer if the signature gathering company, partnership, or other business organization that directly hires, supervises, and pays the individual is otherwise required to report as a minor party qualification committee under this part.

(7) "Support or oppose" means referring to or depicting a minor party in a manner that is susceptible of no reasonable interpretation other than to advocate for or against a minor party's qualification to hold a primary election.

History: En. Sec. 2, Ch. 337, L. 2019; amd. Sec. 11, Ch. 399, L. 2021.