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AN ACT TO ELIMINATE THE REQUIREMENT FOR CAUSE TO RECALL A PUBLIC OFFICIAL; AND AMENDING SECTION 2-16-603, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
SECTION 1. Section 2-16-603, MCA is amended to read
"2-16-603. Officers subject to recall -- grounds for recall. (1) Every
person holding a public office of the state or any of its political
subdivisions, either by election or appointment, is subject to recall
from such office.
(2) A public officer holding an elective office may
be recalled by the qualified electors entitled to vote for his
successor. A public officer holding an appointive office may be
recalled by the qualified electors entitled to vote for the successor
or successors of the elective officer or officers who have the
authority to appoint a person to that position.
or mental lack of fitness, incompetence, violation of his oath of
office, official misconduct, or conviction of a felony offense
enumerated in Title 45 is the only basis for recall. No person
may be recalled for performing a mandatory duty of the office he holds
or for not performing any act that, if performed, would subject him to
prosecution for official misconduct. Any
reason causing electorate dissatisfaction with a public official shall
be sufficient grounds for recall, notwithstanding good faith attempts
to perform the duties of his office. The reason for recall of any
public official shall not be subject to review or rejection by any
other public official or any court.
NEW SECTION. Section 3. Severability. If a part of
this act is invalid, all parts that are severable from the invalid part
remain in effect. If a part of this act is invalid in one or more
of its applications, the part remains in effect in all valid
applications that are severable from the invalid applications.
NEW SECTION. Section 4. This act is effective upon passage.