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HB 429 - Rescinds Gubernatorial Power to Suspend Election Laws During Emergencies - Montana Key Vote

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Title: Rescinds Gubernatorial Power to Suspend Election Laws During Emergencies

Vote Smart's Synopsis:

Vote to pass a bill that rescinds gubernatorial power to suspend election laws during a state of emergency.

Highlights:

 

  • Authorizes the governor to request the Secretary of State to poll the members of the legislature to determine if a majority of the members of the House of Representatives and a majority of the members of the Senate are in favor of a legislative declaration to suspend the provisions of any statute prescribing the procedures for an election or otherwise control the operations of a polling location (Sec. 1-2).

  • Specifies the request must (Sec. 1-3):

    • State the conditions warranting the poll; and

    • Contain a legislative declaration to temporarily suspend the election laws.

  • Authorizes the governor to (Sec. 2-2):

    • Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or orders or rules of any state agency if the strict compliance with the provisions of any statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster;

    • Direct and compel the evacuation of all or part of the population from an emergency or disaster area within the state if the governor considers this action necessary for the preservation of life or other disaster mitigation, response, or recovery; and

    • Control movement  to and from an incident or emergency or disaster area, the movement of persons within the area, and the occupancy of premises within the area.

  • Specifies all executive orders or proclamations declaring or terminating a state of emergency or disaster to indicate the nature of the emergency or disaster, the area threatened, and the conditions that have brought about the declaration or that make possible termination of the state of emergency or disaster (Sec. 2-3).

  • Prohibits the governor from suspending the provisions of any statute prescribing the procedures for an election or otherwise influence movement to a polling location without the consent of the legislature or through a regular or special legislative session (Sec. 2-4).

Title: Rescinds Gubernatorial Power to Suspend Election Laws During Emergencies

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