Campaign Finance and Practices

Montana Code Annotated (MCA)

Title 13: Elections

• Chapter 1. General Provisions

• Chapter 35. Election and Campaign Practices and Criminal Provisions

• Chapter 37. Control of Campaign Practices  Including:

  • Report filing timelines (13-37-226);

  • Time periods covered by reports (13-37-228); and

  • Disclosure requirements (13-37-229). 

Administrative Rules of Montana (ARM)

Title 44, Chapter 11: Rules of the COPP

• Subchapter 1 Organizational Rule, Procedural Rule and General Policy

• Subchapter 2 Political Committees and Candidates

• Subchapter 3 Filing

• Subchapter 4 Reporting Contributions

• Subchapter 5 Reporting Obligations and Expenditures

• Subchapter 6 Campaign Practices

• Subchapter 7 Surplus and Constituent Accounts

Candidate guides and resources

• Candidate Guide to Navigating CERS
• Accounting and Reporting Manual for Candidates (Green Book)
• Attribution brochure

What is the COPP's role with political signs? And what are the disclaimer requirements for political signs? (see the below information as a PDF)

When it comes to political signs, the COPP has jurisdiction only in upholding and enforcing ATTRIBUTION requirements. In other words, the only oversight over political signs that the COPP has is in ensuring the required “paid for by” attribution message is included, and that the expense is disclosed fully in a campaign finance report. The COPP does not have oversight over when citizens may begin to display political signs or when those signs must be taken down.

Attribution Information - Visit this page for information on PAID FOR BY, What must it include, FAQ, and Updated Non-Attributed Material

All paid campaign materials meant to support a candidate or ballot issue must include a “paid for by” attribution message disclosing the entity that financed the material. This includes—but is not limited to—campaign mailers, radio ads, yard signs, boosted Facebook or Instagram posts, etc. The ‘paid for by’ message must be large enough to be readable and must identify the entity who financed the communication and their listed mailing address. Attribution requirements vary between candidates and committees. For more information, familiarize yourself with attribution requirements and how to report paid political communications.

 If the material is too small for the disclaimer to be included (e.g. with a text, keychain, etc.), a copy of the material and the attribution information must be sent to the COPP to be approved for use to avoid potential campaign practices complaints. This information is publicly accessible on the COPP’s website. For more details on non-attributed campaign communications, review this information. More guidance on  the “paid for by” attribution requirements is available on the COPP’s website. See Mont. Code Ann 13-25-225 and 44.11.601(2) ARM for the full attribution requirements and applicability.   

What is the role of local government in determining political sign timelines? (e.g. when signs can go up and must be taken down?)

The Office of Political Practices often receives phone inquiries regarding the timeline for placing political signs. As stated above, the COPP has no jurisdiction over when political signs may be displayed, and does not know the specific requirements for each Montana municipality. Local governments (I.e. a city council or county commission) are responsible for regulating when political signs may be placed and when they must be taken down.  Contact your local city or county government for more information.

The Montana Department of Transportation is responsible for sign regulations along Montana roadways or right of way (see the below information for more details).

What is the role of the Montana Department of Transportation (MTDOT) in regulating the placement of political signs on Montana roadways? 

(This information comes from a 2012 notices from the MTDOT's Right of Way Bureau)

Political campaign committees, and candidates are being reminded again about restrictions on where their signs can be placed. Signs on highway fences, utility poles, and otherwise on state right of way are not allowed and are being removed by Department of Transportation crews.

With landowner’s consent, political signs may be placed alongside the highway on privately owned land. Many signs are being placed in ditches or on the highway side of fences. State crews must remove them and store them until the owners can pick them up. Candidates, and their supporters should make sure their signs are placed on private property.

Federal law requires that any sign intended to be read from the highway must be regulated by the state. In Montana, as in other states, controlling signs is the responsibility of the Department of Transportation. Failure to control signs brings the threat of federal sanctions and can disrupt highway improvement projects.

It is unsafe, and illegal to drive or park in a ditch along a highway to install a sign on private property. Within 30 days following the applicable election the signs should be removed.

The candidates' cooperation in adhering to the regulations, and statutes will benefit the Department of Highways, and the taxpayers of Montana.

Contact information:

- Department of Transportation: (406) 444-6200, Operator will direct call.  www.mdt.mt.gov/mdt/organization/precon.shtm 

What do the Administrative Rules of Montana require for political signs?

Rules promulgated by the Montana Department of Transportation govern political sign placement.

ARM 18.6.246 

(1) Signs promoting political candidates or issues shall be placed on private property only and cannot be placed without the permission of the property owner. Political signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

(2) Political signs must not:

(a) be placed on or allow any portion to intrude in the public right-of-way or on public property; and

(b) be placed within 100 feet of any entrance to the building in which a polling place is located.

(3) Political signs will not be considered in determining the spacing required between conforming off-premises outdoor advertising signs.

(4) Political signs must be removed within 14 days following the applicable election. The department shall notify the landowner of illegal signs which are not removed within 14 days. The signs shall be removed by the department 24 hours after notification to the landowner. The department shall retain removed political signs for five working days after notification of removal before their destruction. The sign owner may retrieve the signs during this period.

(5) Signs that pose a traffic hazard may be removed by the department without prior notification to the sign owner.

(6) Political signs do not require permits and are not subject to permit fees. 

History: 75-15-121, MCA; IMP, 75-15-111, MCA; NEW, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

COPP provides training for candidates on a regular basis. Check this page to access up-to-date training and education resources.

Q1: I would like to run as a candidate for an elected public office. What documentation do I need to file?

A: Candidates seeking election to a statewide or state district office must file a C-1 Statement of Candidate with COPP; candidates seeking election to a local office (county, city or school offices) must file a C-1A Statement of Candidate with COPP. The Statement of Candidate must be filed “within five (5) days after receiving or spending money, appointing a campaign treasurer, or filing for office, whichever occurs first.” There is no charge or filing fee to register as a candidate with the COPP. Candidates must also file a Declaration for Nomination and Oath of Candidacy with the election administrator. Please visit the Secretary of State’s website for more information on how to file as a candidate for public office in the state of Montana.

Q2: Can I use campaign funds to pay the filing fee required to file as a candidate with the election administrator?

A: Yes, candidates may use previously-raised campaign funds to pay any candidate filing fee charged by the election administrator. Candidates may also pay this fee out-of-pocket using personal funds. There is no charge or filing fee to register as a candidate with the COPP.

Q3: What are the contribution limits, and how do they apply to me?

A: All candidates running for elected office in Montana are subject to contribution limits, which detail the maximum amount a candidate may accept from individuals and political committees. COPP maintains current information regarding contribution limits. Keep in mind that a candidate’s own contributions to their campaign are exempt from contribution limits; there is no limit to what the candidate may contribute to their own campaign. Also, candidates cannot accept contributions from corporations or unions (§13-35-227, MCA).

Q4: I am a candidate for election to a local government office. When filling out the C-1A Statement of Candidate, it asks me to indicate if I am a ‘B’ or ‘C’ box candidate. What is the difference between a 'B' and 'C' box candidate?

A: On the C-1A Statement of Candidate, the candidate must indicate if they are a ‘B’ or ‘C’ box candidate. 'B' box candidates "certify that I expect the total amount of contributions or expenditures will not exceed $500 (including personal funds)" for their campaign and are not required to file C-5 campaign finance reports with our office. Simply put, candidates can maintain 'B' box status and remain exempt from campaign finance reporting requirements if the combination of contributions received by the campaign and expenditures made does not exceed $500.

'C' box candidates certify that "I expect to receive contributions and/or make expenditures exceeding $500 (including personal funds)" and therefore must file C-5 campaign finance reports on the appropriate schedule. So, if the candidate’s combination of contributions received and expenditures made exceeds $500, that candidate would be a ‘C’ box candidate and would need to file C-5 campaign financial reports according to schedule. If a 'B' box candidate exceeds $500 in expenditure and contribution activity, they will need to file an amended C-1A Statement of Candidate indicating they are now a 'C' box candidate and file an initial C-5 report within 5 days of exceeding the $500 threshold. Please note that personal funds are included in the $500 threshold, as is the filing fee.

Q5: I am a ‘C’ box candidate (will exceed $500 in contributions and expenditures) who has filed with the Commissioner of Political Practices to run for public office. When are my C-5 campaign finance reports due?

A: ‘C’ box candidates are required to periodically file C-5 campaign financial reports disclosing contributions received and expenditures made by the campaign. Find the reporting calendar under the 'Reporting Calendars' tab.

Q6: What is the designation between primary and general elections? And do the contribution limits apply to both cycles?

A: The primary election and the general election are defined as two separate elections under Montana statute, and the 2019 contribution limits apply to both. Under the requirements of §13-37-216(5), MCA, "election" means the general election or a primary election that involves two or more candidates for the same nomination.

If there is no contested primary, there is only one election to which the contribution limits apply. If there is a contested primary, then there are two elections to which the contribution limits apply. For example, a candidate who is involved in a contested primary election could accept the maximum contribution limit from a donor during the primary. Then, and after advancing to the general election, the candidate could accept the max contribution from the same donor again for the general election. If the candidate is not involved in a contested primary and is advancing straight to the general election, the candidate could only receive one max contribution from that donor because they are only participating in one election.

Q7: My campaign is planning on holding a fundraiser event where contributions will be collected from attendees. What are the specific reporting requirements?
 

A: Before hosting a mass collection fundraiser event, keep in mind that any individual who donates $50 or more IN THE AGGREGATE (in total) to the campaign must have their name, address, occupation, and employer information listed on C-5 finance reports. The COPP staff recommends you collect this information from all donors, regardless of the size of their donation, and maintain accurate records to easily track each contributor's total contributions to date so that you already have it on hand when a donor hits that $50 threshold.

For individuals who provide a contribution at this type of event and have not met the $50 threshold, this information is not required. The campaign can report the total amount of these under $50 contributions collected at the event as a lump sum contribution in the fundraiser section of the C-5 report, along with 1) the date of the event, 2) the event’s location, 3) a brief description of the event itself, and 4) the approximate number of attendees. 

Remember that candidates cannot accept anonymous contributions. If you do not know the source of a contribution made to your campaign, the contribution should be donated to charity.

Q8: My campaign plans on holding a raffle fundraiser, with various items donated to the campaign by local businesses serving as the prizes. What are reporting requirements?

A: Like with any other fundraiser or mass collection event, any contributor who donates $50 or more to the campaign needs to have their name, address, occupation and employer information included on C-5 reports. Contributions of less than $50 can be reported as a lump sum amount with the date of the event, its location, a brief description of the event, and the approximate number of attendees.

Please note that with a raffle event, any items donated to the campaign must be listed as in-kind contributions. Donated items must be reported for their fair market value (or best estimate) from the individual or entity who donated them. For more guidance on raffles, please see this 2008 advisory opinion issued by Commissioner Unsworth. 

Q9: Can my campaign accept a contribution from a business? 

A: It depends. Simply, it will always be easiest for a candidate to accept a contribution from an individual, and not a business. For example, if Russell, who runs Russell's Paint Supplies Emporium, writes your campaign a check from their personal account (and not their business account), this is reported as an individual contribution. 

If Russell gives a contribution from their business account, this would need to be reported in Schedule A as an individual business (under the "entity" dropdown tab) contribution. Russell's Paint Supplies Emporium must then file as an incidental committee by 1) filing in CERS as a C-2 Statement of Organization (the C-2 must be filed within five days of any of these activities: 1) appointing a campaign treasurer, or 2) making an expenditure to support or oppose a candidate or ballot issue). Russell's Paint Supplies Emporium must then also file period C-4 incidental committee finance reports. The C-4 discloses contributions received and expenditures made by incidental committees. 

Again, accepting a contribution from a business requires the business to file as an incidental committee, so candidates should encourage their contributors to use personal checks. 

Keep in mind that all corporate contributions, under any condition, are illegal for a candidate to accept. While corporations and unions are allowed to make independent expenditures related to a candidate, they are prohibited from making direct, in-kind, or coordinated contributions to a candidate, 13-35-227, MCA. Earmarked contributions by a corporation or union to a person as a contribution designated for a candidate’s campaign are also prohibited.

If your campaign inadvertently accepted a corporate contribution, the funds must be returned immediately upon discovery. To disclose this in CERS, the contribution would be reported as a business contribution in Schedule A, and then the amount is canceled out by noting the amount refunded in Schedule B as an expenditure. A photocopy of the refund should be emailed promptly to the COPP at cppcompliance@mt.gov.

More information about illegal contributions (e.g. corporate and union contributions) is detailed in the Accounting and Reporting Manual for Candidates and Treasurers. 

Q10: I forgot my Okta login information or I cannot access CERS using my Okta account. How do I regain access to CERS?

A: Okta is a State of Montana application that is not unique to the COPP but is used as a portal to access a variety of statewide resources- while CERS is administered directly by the COPP, Okta is not. Users must use Okta to log into their CERS profile. Please contact the State Information Technology Services Division (SITSD) with questions about Okta- their phone number is (406) 444-2000.

Each candidate must file a Statement of Candidate. If any of the information in a Statement of Candidate changes, the candidate must file an amended form providing the new information within five days of the change (13- 37-204, MCA, 44.11.303(2), ARM). After filing a C-1 or C-1A Statement of Candidate, a candidate has the option to file (or not file) a C-3 Code of Fair Campaign Practices. 

C-1 Statement of Candidate: Form C-1 is the Statement of Candidate form that candidates for statewide or state district offices (House, Senate, Public Service Commission, and District Judges) must file.

• The Statement of Candidate must be filed within five days after any of these events first occur: money is received or spent, a campaign treasurer is appointed, or the candidate files for office. 
• The Statement of Candidate must be filed in CERS. Reference Part 1 in the Candidate and Treasurer Guide to Navigating CERS for details. 
• Candidates who are required to file a C-1 Statement of Candidate are required to file C-5 campaign finance reports.
• Candidates for statewide or state district offices must also file a D-1 Business Disclosure Statement (D-1 form) within five days of the time the candidate files for office (with the Secretary of State). See tab 5 for more D-1 information. 
• Before filing a Statement of Candidate, make sure to reference the Candidate Registration Guide webpage for details about filing in CERS, paying your candidate filing fee, and more.  

 C-1A Statement of Candidate: Form C-1A is the Statement of Candidate for county, municipal, or school candidates.

• All county and municipal candidates must file form C-1A; all candidates campaigning for school trustee offices in first-class districts located in counties with populations of 15,000 and more or in county high school districts having student enrollments of 2,000 or more must file a Form C-1A.
• Form C-1A must be filed within five days after any of these events first occur: money is received or spent, a campaign treasurer is appointed, or the candidate files for office. 
• The Statement of Candidate must be filed in CERS. Reference Part 1 in the Candidate and Treasurer Guide to Navigating CERS for details. 
• Candidates for these offices must designate themselves either a 'B' box candidate (less than $500 will be cumulatively raised and spent), or a 'C' box candidate (more than $500 raised/spent).
• ‘C’ box candidates are required to file C-5 campaign finance reports.
• Before filing a Statement of Candidate, make sure to reference this Candidate Registration Guide webpage for details about filing in CERS, paying your candidate filing fee, and more!

 C-3 Code of Fair Campaign Practices (Sample C-3 Form): Candidates may file a C-3 in CERS at any time, but it is a voluntary form and is not required. 

D-1 Business Disclosure Statement  (D-1 form ): Form D-1 is the Business Disclosure Statement. Reference 2-2-106, MCA for details on the type and depth of information that must be disclosed. The Form D-1 must be filed by:

• Statewide or state district elected officials;
• Candidates for statewide or state district offices;
• Department directors; and
• Any individual appointed to fill any of these positions.

The dates by which form D-1 must be filed, according to candidate type, are:

• Statewide or state district elected officials or department directors: prior to December 15 of each even-numbered year;
• Candidates for statewide or state district offices: within five days of the time the candidate files for office (with the Secretary of State); and
• Individuals appointed to any of the above offices: at the earlier of the time of submission of the person's name for confirmation or the assumption of office. 

C-5 Candidate Campaign Finance Report: Form C-5 is the candidate campaign finance reporting form and must be filed by all candidates who have filed a C-1 running for statewide or state district office as well as all county, municipal, and school candidates that have designated themselves 'C' box candidates on the C-1A. Form C-5 must be filed electronically, via CERS.

• The C-5 reports must detail all contributions received and expenditures made by a campaign during a specific time frame.
• All candidates must file a closing C-5 report when all debts and obligations are satisfied and no further campaign activity is anticipated.

C-7 Notice of Pre-Election Contributions: Form C-7 is the Notice of Pre-Elections Contributions and must be fied electronically, via CERS.

• Any candidate who receives a contribtuion equalling the relevant campaign contribution limit from a single source between the 15th of the month preceding an election and the day before the election must file a C-7 disclosing this contribution within 2 business days.
•  

C-7E Notice of Pre-Election Expenditures: Form C-7E is the Notice of Pre-Election Contributions and must be filed electronically, via CERS.

• Any candidate who makes an expenditure equalling or exceeding the relevant campaign contribution limit between the 15th of the month preceding an election and the day before the election must file form C-7E disclosing this expenditure within 2 business days.

C-8 Constituent Services Reporting Form (C-8 form): Form C-8 is the Constituent Services Reporting form, which discloses any expenses made from an established constituent services account (learn more about constituent services accounts here).

• C-8 reports are to be filed quarterly with the COPP and are filed after a candidate has established a constituent services account filing form C-118C.
• C-8 forms must be filed by sending a digital or hard copy C-8 form either via email (cppcompliance@mt.gov), fax (406-444-1643), mail (PO Box 202401, Helena, MT, 59620-2401), or hand delivered (1209 8th Avenue, Helena, Montana).

C-118 Disposition of Surplus Campaign Funds (Form C-118): Form C-118 is the Disposition of Surplus Campaign Funds and discloses how candidates who filed C-5 campaign finance reports disposed of any and all surplus campaign funds.

• Within 120 days of filing a closing C-5 campaign finance report, a candidate must dispose of surplus campaign funds.
• Form C-118 must be filed by a candidate within 135 days after the closing C-5 is filed. 
• Form C-118 must be filed either via email (cppcompliance@mt.gov), fax (406-444-1643), mail (PO Box 202401, Helena, MT, 59620-2401), or hand delivered (1209 8th Avenue, Helena, Montana).

C-118C Establish a Constituent Services Account (Form C-118C): Form C-118C is the form that allows an official who has been elected to public office to create a constituent services account (For more information, reference this constituent services guide).

• After filing a closing C-5 report, all candidates with surplus campaign funds are required to file either a Form C-118 or C-118C, pursuant to 13-37-240, MCA.
• A candidate that has been elected and has chosen to open a constituent services account must file a Form C-118C either via email (cppcompliance@mt.gov), fax (406-444-1643), mail (PO Box 202401, Helena, MT, 59620-2401), or hand delivered (1209 8th Avenue, Helena, Montana).

Campaign Finance and Practices

Montana Code Annotated (MCA)

Title 13: Elections

• Chapter 1. General Provisions

• Chapter 35. Election and Campaign Practices and Criminal Provisions

• Chapter 37. Control of Campaign Practices  Including:

  • Report filing timelines (13-37-226);

  • Time periods covered by reports (13-37-228); and

  • Disclosure requirements (13-37-229). 

Administrative Rules of Montana (ARM)

Title 44, Chapter 11: Rules of the COPP

• Subchapter 1 Organizational Rule, Procedural Rule and General Policy

• Subchapter 2 Political Committees and Candidates

• Subchapter 3 Filing

• Subchapter 4 Reporting Contributions

• Subchapter 5 Reporting Obligations and Expenditures

• Subchapter 6 Campaign Practices

• Subchapter 7 Surplus and Constituent Accounts

Ballot Issue Committee: 

As the name implies, a ballot issue committee is organized to support or oppose a particular ballot issue, including “initiatives, referenda, proposed constitutional amendments, recall questions, school levy questions, bond issue questions, or a ballot question,” 13-1-101(6) and (7), MCA. 

A statewide issue becomes a ballot issue “upon preparation and transmission by the Secretary of State of the form of the petition or referral to the person who submitted the proposed issue,” 13-1-101(6)(b), MCA.  A local issue becomes a local ballot issue "upon certification by the proper official that the legal procedure necessary for its qualification and placement on the ballot has been completed", 13-1-101(6)(b), MCA.  

Both statewide and local ballot issue committees must file a Form C-2, Statement of Organization, with the COPP within five days after the issue becomes a ballot issue, 13-37-201, MCA.  A ballot issue committee's initial Form C-6, Political Committee Finance Report must include all contributions received and expenditures made by the committee since its date of foundation to qualify the issue for the ballot, 13-37-226, MCA. 

As with other committees, a ballot issue committee must keep accurate records of contributions and expenditures, must comply with campaign finance and practices laws, and must file the appropriate finance report forms and disclosures.

Independent Committee: 

An independent committee means a political committee organized for the primary purpose of receiving contributions and making expenditures that are not controlled either directly or indirectly by a candidate and that does not coordinate with a candidate in conjunction with making expenditures except as within the contribution limits set in 1337-216(1), MCA, and 13-1-101(23), MCA.  

An independent committee is commonplace in campaign activities, both nationally and in the states. Frequently the committee is composed of employees of a common employer or members a particular profession or trade. These individuals contribute to their own committee for the purpose of supporting or opposing candidates and/or issues that the committee agrees on. Most independent committees participate in elections year after year. 

Political Party Committee: 

A political party committee is "a political committee formed by a political party organization and includes all county and city central committees", 13-1-101(31), MCA.  In turn, a "political party organization" "means a political organization that was represented on the official ballot in either of the two most recent statewide general elections; or has met the petition requirements, as provided in Title 13, chapter 10, part 5", 13-1-101(32)(a) and (b).  For the 2018 election cycle, the political party organizations that have qualified to be political party committees are the Republican, Libertarian, and Democratic Party committees.

These committees support candidates of their own party, oppose candidates of opposition parties, and support or oppose selected issues usually based on party platforms. 

Political party committees are similar to independent committees in terms of their wide ranging participation in campaigns; however, they are different in how they form and in their associational functions, which go beyond simply participating in elections. 

Limitations on contributions from political party committees do not include a coordinated expenditure made solely by a political party committee for personal services by paid staff that benefits the associational interest of the political party as well as a candidate, ARM 44.11.401. The value of the paid personal services is reportable by the political party committee and the candidate benefiting on their campaign finance reports. See example addendum in Part 5 of this manual, to submit the addendum please email the spreadsheet to CPPHelp@mt.gov, which will then become searchable through the hard copy search system. 

Example: the Montana Democratic Party hires interns to do literature drops for several candidates for the legislature. The Montana Democratic Party will have to report the amount of the paid personal services and report the value received by each candidate that benefited from those services. The candidate will have to report the value as an in-kind contribution from the Montana Democratic Party as well. The personal services contributions do not count towards the aggregate political party contribution limit to a candidate. 

Incidental Committee: 

An incidental committee is a political committee that is not specifically organized or operated for the primary purpose of supporting or opposing candidates or ballot issues but may incidentally become a political committee by receiving a contribution or making an expenditure, 13-1-101(22), MCA. 

Example: A local Ace Hardware has an interest in a ballot issue that could impact the owner’s ability to conduct business. The primary purpose of Ace Hardware is to sell home improvement supplies, not support or oppose ballot issues. Ace Hardware writes a check to the organized ballot issue committee that is opposing the issue on the ballot for $1,000. In addition, the store owner decides that he will make some signs to put in his store window. By making these two expenditures, Ace Hardware incidentally became involved in a local election making it qualify as an incidental committee. Ace Hardware is required to register as a political committee and report the expenditures made to oppose the ballot issue.

Committee guides and resources

• Committee Guide to Navigating CERS
• Accounting and Reporting Manual for Candidates (Green Book)
• Attribution brochure

What is the COPP's role with political signs? And what are the disclaimer requirements for political signs? (see the below information as a PDF)

When it comes to political signs, the COPP has jurisdiction only in upholding and enforcing attribution requirements. In other words, the only oversight over political signs that the COPP has is in ensuring the required “paid for by” attribution message is included, and that the expense is disclosed fully in a campaign finance report. The COPP does not have oversight over when citizens may begin to display political signs or when those signs must be taken down.

All paid campaign materials meant to support a candidate or ballot issue must include a “paid for by” attribution message disclosing the entity that financed the material. This includes—but is not limited to—campaign mailers, radio ads, yard signs, boosted Facebook or Instagram posts, etc. The ‘paid for by’ message must be large enough to be readable and must identify the entity who financed the communication and their listed mailing address. Attribution requirements vary between candidates and committees. For more information, familiarize yourself with attribution requirements and how to report paid political communications.

 If the material is too small for the disclaimer to be included (e.g. with a text, keychain, etc.), a copy of the material and the attribution information must be sent to the COPP to be approved for use to avoid potential campaign practices complaints. This information is publicly accessible on the COPP’s website. For more details on non-attributed campaign communications, review this information. More guidance on  the “paid for by” attribution requirements is available on the COPP’s website. See Mont. Code Ann 13-25-225 and 44.11.601(2) ARM for the full attribution requirements and applicability.   

What is the role of local government in determining political sign timelines? (e.g. when signs can go up and must be taken down?)

The Office of Political Practices often receives phone inquiries regarding the timeline for placing political signs. As stated above, the COPP has no jurisdiction over when political signs may be displayed, and does not know the specific requirements for each Montana municipality. Local governments (I.e. a city council or county commission) are responsible for regulating when political signs may be placed and when they must be taken down.  Contact your local city or county government for more information.

The Montana Department of Transportation is responsible for sign regulations along Montana roadways or right of way (see the below information for more details).

What is the role of the Montana Department of Transportation (MTDOT) in regulating the placement of political signs on Montana roadways? 

(This information comes from a 2012 notices from the MTDOT's Right of Way Bureau)

Political campaign committees, and candidates are being reminded again about restrictions on where their signs can be placed. Signs on highway fences, utility poles, and otherwise on state right of way are not allowed and are being removed by Department of Transportation crews.

With landowner’s consent, political signs may be placed alongside the highway on privately owned land. Many signs are being placed in ditches or on the highway side of fences. State crews must remove them and store them until the owners can pick them up. Candidates, and their supporters should make sure their signs are placed on private property.

Federal law requires that any sign intended to be read from the highway must be regulated by the state. In Montana, as in other states, controlling signs is the responsibility of the Department of Transportation. Failure to control signs brings the threat of federal sanctions and can disrupt highway improvement projects.

It is unsafe, and illegal to drive or park in a ditch along a highway to install a sign on private property. Within 30 days following the applicable election the signs should be removed.

The candidates' cooperation in adhering to the regulations, and statutes will benefit the Department of Highways, and the taxpayers of Montana.

Contact information:

- Right of Way Bureau: (406) 444-6055, www.mdt.mt.gov/mdt/organization/precon.shtml

- Bureau Chief – 406-444-6063     /     Traffic and Safety Bureau Chief – 406-444-9252

What guidance do the Administrative Rules of Montana offer on political signs (see 18.6.246, ARM)? 

(1) Signs promoting political candidates or issues shall be placed on private property only and cannot be placed without the permission of the property owner. Political signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.

(2) Political signs must not:

(a) be placed on or allow any portion to intrude in the public right-of-way or on public property; and

(b) be placed within 100 feet of any entrance to the building in which a polling place is located.

(3) Political signs will not be considered in determining the spacing required between conforming off-premises outdoor advertising signs.

(4) Political signs must be removed within 14 days following the applicable election. The department shall notify the landowner of illegal signs which are not removed within 14 days. The signs shall be removed by the department 24 hours after notification to the landowner. The department shall retain removed political signs for five working days after notification of removal before their destruction. The sign owner may retrieve the signs during this period.

(5) Signs that pose a traffic hazard may be removed by the department without prior notification to the sign owner.

(6) Political signs do not require permits and are not subject to permit fees. 

History: 75-15-121, MCA; IMP, 75-15-111, MCA; NEW, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

C-2 Statement of Organization: The C-2 Statement of Organization must be filed by all political committees who participate in Montana elections by making expenditures or receiving contributions. Form C-2 must be filed electronically, via CERS.

• Form C-2 must be filed within five days after any of these events first occur: a campaign treasurer is appointed, or an expenditure is made to support or oppose a candidate or ballot issue.
• The C-2 must include the full name and address of the committee, the name and address of the committee’s bank, the treasurer's full name and contact information, and all candidates or ballot issues supported or opposed and the date of those elections.
• Form C-2 must also denote the type of committee you wish to register as (Incidental, Ballot Issue, Political Party, and Independent). To assist in determining the proper type of Political Committee to register as see 13-1-101, MCA.

C-4 Incidental Political Committee Finance Report: Incidental committees file form C-4 to disclose earmarked contributions received and expenditures made during a specific reporting period. Form C-4 must be filed electronically, via CERS. See MCA 13-37-232 for full incidental committee reporting requirements.

• Incidental committees involved in a local election (County, municipal (city), and school) are required to file periodic C-4 reports only if contributions are received or expenditures made that exceed $500, MCA 13-37-226(5).

C-6 Political Committee Finance Report: Form C-6 is the finance report disclosing all contributions received and expenditures made filed by political party, ballot issue, and independent (PAC) committees. Form C-6 must be filed electronically, via CERS.

• Political committees involved in a local election (County, municipal (city), and school) are required to file periodic C-4 reports only if contributions are received or expenditures made that exceed $500, MCA 13-37-226(5).

C-7 Notice of Pre-Election Contributions: All political committees must file form C-7, the Notice of Pre-Election Contributions, if the committee receives a contribution of $500.00 or more between the 25th day of the month preceding an election and the day before the election. Form C-7 must be filed within 2 business days. Form C-7 must be filed electronically, via CERS.

C-7E Notice of Pre-Election Expenditures: All political committees must file form C-7E, the Notice of Pre-Election Expenditures, if the committee makes an expenditure of $500.00 or more between the 25th day of the month preceding an election and the day before the election. Form C-7E must be filed within 2 business days. Form C-7E must be filed electronically, via CERS.