Montana Attorney General Opinion 16-364

Opinion No. 364. Election-Ballots, Arrangement of Parties On--Independent Candidates. HELD: In the arrangement of bal- lots at the general election, it is not legal to separate the party tickets a.nd to insert between such party tickets the names of independent candidates but the names of indepen- dent candidates should be placed in the last column on the ballot. October 20, 1936. Hon. Sam W. Mitchell Secretary of State The Capitol You inquire as to the arrangement of ballot at the general election to be held November 3, 1936, and in par- ticular, whether or not it is legal to insert the names of independent can- didates in a column between columns of the several party tickets. The arrangement of ballots, in so tar as same is regulated by statute, is determined by Section 681, R. C. M. 1935. Such statute provides for a form of ballot, and shows that the various party tickets should be ar- ranged in order, one after another, across the ballot. Independent can- didates are not candidates upon a party ticket. As the form in the statute specifically shows that the party tickets are to be arranged one after another, it is not legal to sepa- rate the party tickets and to insert between such party tickets the names of independent candidates. Names of independent candidates should be placed in the last column on the bal- lot. In this manner have ballots al- ways been arranged in the State of Montana.