Montana
Salary-based fees and house district distribution math
Montana prices candidate filing as a share of the office's salary rather than a flat fee, and measures every petition against legislative house districts rather than counties. Both citizen initiatives and independent candidacies were reshaped by 2025 legislation: the independent candidate threshold dropped from 5% to 4%, and H.B. 201 added verbal and badge disclosure duties for paid gatherers with signature disqualification as the penalty.
Signature and Fee Requirements
| Office / Measure | Requirement |
|---|---|
| Filing fees | 1% of annual salary for most offices; 0.5% for county offices over $2,500; $15 for legislative candidates and offices at or under $2,500; $10 for fee-compensated positions; none for unpaid offices |
| Fee waiver | An indigency affidavit waives the fee but not the full petition signature count |
| Independent and minor party candidates | 4% or more of the total vote for the winning candidate for that office at the last general election (reduced from 5% in 2025) |
| 2026 examples | U.S. Senate 13,327; U.S. House 6,742 and 7,274; State Senate about 273; State House 72 to 236 by district |
| Constitutional initiative (CI) | 10% of qualified electors statewide — 60,241 for 2026 — plus 10% in each of at least 40 house districts |
| Statutory initiative (I) | 5% of qualified electors statewide — 30,121 for 2026 — plus 5% in each of at least 34 house districts |
| Referendum | 5% statewide plus 5% in each of at least 34 house districts |
| Base for "qualified electors" | Votes cast for governor at the last general election — 602,404 in 2024 |
Filing Window Structure
Candidate filing opens no sooner than 105 days before the June primary and closes about 90 days out — a roughly two-week window in late winter. Independent and minor party candidates run a parallel track: petition signatures go to county election administrators about a week before the declaration deadline, and the declaration is filed with the Secretary of State for statewide and federal offices or the county administrator for local offices, all before the primary. General-election write-in declarations are due 90 days out; withdrawal closes at 85 days.
Who May Circulate
Ballot issue circulators must be Montana residents and may not be paid anything of value based on the number of signatures gathered — per-signature bounties are prohibited, hourly pay is the standard alternative. H.B. 201 (2025) added disclosure duties: paid gatherers must verbally give their first name, the state where they legally reside and their paid status, and wear a badge with the first name, last initial and the same information.
Affidavits, Verification and Invalidation
Each section needs a circulator affidavit, either notarized or made as an unsworn declaration under penalty of perjury on the state form, executed after the last signature on that section. County election administrators check signatures against the voter registration file and certify to the Secretary of State by 5:00 p.m. on the third Friday of the fourth month before the election. Signatures are rejected when the printed last name is illegible, when one person signed for another, or when the information does not substantially match the registration record. Signers may withdraw on a state form up to the county submission deadline.
Distribution Math
The house district requirement drives Montana budgets. A constitutional initiative needs 10% inside each of 40 of the 100 house districts; a statutory initiative needs 5% inside each of 34. Because house districts hold roughly equal population but vary enormously in size, hitting the floor in eastern Montana costs several times what the same signature costs in Missoula or Billings. Model cost per district, not cost per signature.
Ballot Measures in Montana
Montana has direct constitutional initiative, direct statutory initiative and referendum. A constitutional initiative requires 10% of qualified electors statewide plus 10% in each of at least 40 legislative house districts; a statutory initiative or referendum requires 5% statewide plus 5% in each of at least 34 house districts. "Qualified electors" means votes cast for governor at the last general election — 602,404 in 2024 — producing 60,241 and 30,121 for 2026, figures that reset after each gubernatorial race. Sponsors may not circulate the sample petition more than one year before the final filing date, and administrators certify to the Secretary of State by 5:00 p.m. on the third Friday of the fourth month preceding the election. Circulators must be Montana residents, may not be paid per signature, and since 2025 must disclose their paid status and state of residence verbally and on a badge.
What Trips Campaigns Up in Montana
We've Worked This Ground
Montana Ballot Access FAQ
How much does it cost to file as a Montana candidate?
Most offices charge 1% of the annual salary, county offices 0.5%, and legislative candidates a flat $15. A candidate filing an indigency affidavit pays nothing but must still submit the full petition signature count for the office.
What changed for independent candidates in 2025?
The threshold dropped to 4% or more of the total vote cast for the winning candidate for that office at the last general election, down from 5%. The base still resets every cycle, so the raw number changes even when the percentage does not.
Can we pay circulators per signature?
No. Montana prohibits paying gatherers anything of value based on the number of signatures collected. Hourly compensation is the standard lawful structure, and paid gatherers must also make verbal and badge disclosures under H.B. 201.
Do the affidavits need to be notarized?
Each section needs a circulator affidavit that is either notarized or submitted as an unsworn declaration under penalty of perjury on the state form, executed after the final signature on that section is collected.
Running a Campaign in This State?
Signature requirements are the easy part. Hitting them on deadline is the job.