Montana Attorney General Opinion 15-604

Opinion No. 604 Elections-Candidates-Filing Fees. HELD: When a candidate has paid one filing fee and, in any manner what- ever, becomes entitled to hll "e his name plnce<l upon the general election ballot as a candidate for the office he filed 414 OPINIO~S OF THE ATTORNEY GENERAL for, it is not, necessary that he pay an- otlwr filing fee. August 31. 1934. You ask for an interpretation of Sec- tion 618A. Chapter 28, Laws of H)33. You particularly inquire whether or not a person who has sought a nomina- tion as a party candidate and was de- feated in the primary and thereafter files as an independent candidate, should pay one or two filing fees. The statute proyides: .• * '" * and such fil- ing fee shall be paid by eyery person whose name appears upon the ballot at :lny general election regardless of the method pursned to secure the nomina- tion, provided, however. that only one filing fee shall be required from any candidate regardless of the method used in having his name placed upon such general election ballot." In the last clause of this Section it is clearly stated "that only one filing fee should be required from any call(li- date regardless of the method used in having his name plaeed upon such general election ballot." I can find no logical interpretation of such language save as follows: When a candidate has paid one filing fee and, in any manner whatever, becomes entitled to have his name placed upon the general election ballot, it is not necessary that he pay another filing fee. This opinion is limited to the case of nominations or filings by petition for the same office. It does not apply to a case where a candidate pays a fee for filing for one office and later seeks a place on the ballot for an entirely different office.