2-16-603. Officers subject to recall — grounds for recall. (1) Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office.
What does ‘holding public office’ mean?
2) “Public office” means a position of duty, trust, or authority created by the constitution or by the legislature or by a political subdivision through authority conferred by the constitution or the legislature that meets the following criteria:
(a) the position must possess a delegation of a portion of the sovereign power of government to be exercised for the benefit of the public;
(b) the powers conferred and the duties to be discharged must be defined, directly or impliedly, by the constitution, the legislature, or by a political subdivision through legislative authority;
(c) the duties must be performed independently and without control of a superior power other than the law, unless the legislature has created the position and placed it under the general control of a superior office or body; and
(d) the position must have some permanency and continuity and not be only temporary or occasional.
Political subdivision? That’s our county commissioners, our county health board, our school board…
So, to summarize, any elected government official. Anyone appointed to a position that exercises governmental authority. The MT Recall Act applies to our senators, our representatives, our public service commissioners, our county officials, our school board members, even to school superintendents.
The MT Recall Act effectively puts every political appointment as subject to ratification by voters. If 15% of the voters don’t form a petition to put the matter to vote, that ratification is automatic. The important thing is that it exists.
On what grounds can the Recall Act be used?
Physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense enumerated in Title 45 are the only grounds for recall.
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