Administrative Rules of Montana
Department 44 - SECRETARY OF STATE
Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES
Subchapter 44.11.2 - Political Committees and Candidates
Rule 44.11.222 - ELECTIONS TO WHICH AGGREGATE CONTRIBUTION LIMITS APPLY
Universal Citation: MT Admin Rules 44.11.222
Current through Register Vol. 18, September 20, 2024
(1) The term "aggregate contributions" means the total of all of the following contributions made by or received from a person for each election in a campaign:
(a) all contributions, as defined in
13-1-101, MCA, and further defined
in ARM 44.11.401;
(b) all earmarked
contributions, as defined in ARM 44.11.404;
(c) all expenditures encouraged in order to
avoid a contribution, as specified in ARM 44.11.504; and
(d) all contributions that are coordinated as
defined in
13-1-101, MCA, and further
explained in ARM 44.11.501 and 44.11.602.
(2) The term "contested primary," as used in 13-37-216, MCA, means a primary election in which two or more candidates compete for the same nomination.
An election is not contested when, due to the number of candidates, the candidate automatically advances to the general election or position. For example:
(a) in partisan
primary elections, if two or more candidates compete for one party's
nomination, it is a "contested primary," resulting in two elections to which
the contribution limits in
13-37-216, MCA, apply. For the two
candidates seeking Party A's nomination in the primary election for a public
office, it is a contested primary with respect to Party A's nomination;
or
(b) if only one candidate seeks
Party B's nomination for the same public office, it is not a contested primary
with respect to Party B's nomination, and there is only one election to which
the contribution limits in
13-37-216, MCA, apply;
or
(c) in judicial and other
nonpartisan primary elections, if a nonpartisan candidate automatically
advances from the primary election to the general election pursuant to
13-14-117, MCA, it is not a
contested primary election; or
(d)
when an incumbent judicial officer is the only candidate who files a
declaration for nomination in the primary election, and subsequently faces a
vote, pursuant to
13-14-212, MCA, for or against
retention in the general election, there is no "contested primary," and there
is only one election to which the contribution limits in
13-37-216, MCA,
apply.
IMP, 13-37-216, MCA
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