(1) Organization of the office of the Secretary of State.

(a) History. The office of the Secretary of State of the state of Montana was created by the 1889 Constitution of the state of Montana, Article VII, Section 1. The office was continued and currently exists under the 1972 Constitution of the state of Montana, Article VI, Section 1.

(b) The office of the Secretary of State is part of the executive branch of the state government and is headed by an elected official, the Secretary of State. A variety of duties imposed on the Secretary of State by the state constitution and statute are discharged by the Secretary of State and appointed deputies under the direction of the Secretary of State with the administrative support of the divisions.

(c) Internal Structure. The internal structure of the office is administered by the Secretary of State through a chief deputy and five units:

(i) administrative rules and notary services;

(ii) business services;

(iii) elections and government services;

(iv) records and information management; and

(v) executive services.

(d) Attached Agency. The Commissioner of Political Practices is attached to the office of the Secretary of State under 2-15-411, MCA, for administrative purposes only as specified in 2-15-121, MCA, exclusive of (1)(b), (1)(c), (2)(a), (2)(b), (2)(d), (2)(e), and (3)(a).

(i) The Commissioner of Political Practices is appointed by the Governor for a six-year term, subject to confirmation by a majority of the Senate. A four-member selection committee comprised of the speaker of the House of Representatives, the president of the Senate, and the minority floor leaders of both houses of the Legislature submits a list of names of not less than two or not more than five individuals to the Governor for consideration for appointment.

(e) Attached Board. The Board of State Canvassers was transferred to the office of the Secretary of State under the Executive Reorganization Act of 1971. The board is comprised of the State Auditor, the State Superintendent of Public Instruction, and the Attorney General. The Secretary of State is the secretary of the board and furnishes clerical support to the board. The Board of State Canvassers has no rulemaking authority.

(2) General Duties of the Office. The general duties of the office of the Secretary of State include those associated with the responsibilities of the Secretary of State as:

(a) keeper of the Great Seal;

(b) custodian of the Constitution;

(c) custodian of the official acts of the Legislature;

(d) custodian of the executive record;

(e) custodian of a variety of official records of the state;

(f) attester to official acts of the Governor;

(g) chief elections officer;

(h) custodian of the official canvass report of the Board of State Canvassers, and various other election records;

(i) custodian of the oaths of office of state and district officials and members of state boards;

(j) secretary to the Board of State Canvassers;

(k) caller of the House of Representatives to session;

(l) provider of support for the meeting and voting of the presidential electors;

(m) administrator of corporate chartering laws;

(n) custodian of corporate charter records;

(o) registrar of trademarks;

(p) registrar of assumed business names;

(q) central filing officer under the Uniform Commercial Code;

(r) custodian of the record of administrative rules adopted by state agencies;

(s) publisher of the Montana Administrative Register and the Administrative Rules of Montana;

(t) custodian of a variety of records under the civil law;

(u) agent for service of process against certain corporations and nonresident motor vehicle users in the state;

(v) member of the State Records Committee;

(w) manager of state records center;

(x) operator of central microfilm and imaging unit;

(y) establisher of guidelines for the maintenance of all public records of state agencies; and

(z) other duties as provided by law.

(3) Duties.

(a) Administrative Rules and Notary Services Unit.

(i) files and maintains the record of proposed and established administrative rules of state agencies;

(ii) prescribes the format for the administrative rules of state agencies;

(iii) publishes and distributes the Montana Administrative Register and the Administrative Rules of Montana;

(iv) issues certificates on the record and copies of the record relating to the foregoing duties; and

(v) files official bonds of notaries public and distributes commissions of notaries public.

(b) Business Services Unit.

(i) charters and regulates the charters of corporations and limited liability companies organized under the laws of Montana;

(ii) grants corporate recognition to alien and foreign corporations and limited liability companies doing intrastate business in Montana;

(iii) maintains the record on the charters of Montana corporations and limited liability companies and alien and foreign corporations and limited liability companies;

(iv) registers trademarks and maintains the record of registered trademarks;

(v) files certificates of limited and limited liability partnerships of Montana and foreign limited partnerships and maintains the record of limited and limited liability partnerships;

(vi) files and maintains the record of financing statements, federal tax liens, statements of assignment, amendment statements, and termination statements under the Uniform Commercial Code, prepares and maintains computer records available by direct public access relating to the foregoing duties;

(vii) assembles, prepares, and publishes the federal farm products lien list for buyers under the authority of the United States Department of Agriculture;

(viii) charters and maintains the charters of limited liability corporations;

(ix) receives and processes service of process on the Secretary of State as agent for service of process of certain corporations;

(x) receives and processes service of process on the Secretary of State as agent for service of process of nonresident motor vehicle users involved in accidents on Montana highways; and

(xi) issues certificates on the record and copies of the record relating to the foregoing duties.

(c) Elections and Government Services Unit.

(i) assists the Secretary of State in calling the House of Representatives to session;

(ii) attests and affixes the Great Seal to the public declarations of the Governor;

(iii) receives and files legislative bills signed by the Governor and assigns chapter numbers for the session laws of Montana;

(iv) receives and maintains bills introduced to the Legislature;

(v) receives and maintains the journals of the Legislature;

(vi) files and maintains the record of declarations of nomination of candidates for state and district offices;

(vii) publishes and distributes the elections laws;

(viii) promulgates rules and guidance for the uniform conduct of elections in the state;

(ix) prepares, publishes, and distributes instruction manuals for election judges;

(x) prescribes forms for use in elections;

(xi) prepares and certifies official primary and general election ballots for state and district offices to local election administrators;

(xii) assists and advises local election administrators in election matters;

(xiii) receives and files petitions of electorate for special measures and constitutional amendments for ballot access;

(xiv) assists in the canvass of the results of elections;

(xv) prescribes forms of materials, reviews written plans, adopts rules, and establishes procedures for mail ballot elections;

(xvi) adopts rules and supervises evaluation and changes in voting places to ensure accessibility by handicapped voters;

(xvii) prepares and distributes the roster of legislators;

(xviii) maintains the record of executive reorganization under the Executive Reorganization Act;

(xix) files and maintains the record of official acts of the Governor in the executive record;

(xx) files conveyances to the state;

(xxi) files oaths of office of state and district officers and members of state boards;

(xxii) files records of presidential pardons, interlocal cooperation agreements, public printer affidavits, local government plans, facsimile signature affidavits of public officers, and various other public documents; and

(xxiii) issues certificates on the record and copies of record relating to the foregoing duties.

(d) Records and Information Management Unit.

(i) establishes and promotes guidelines for inventorying, cataloging, retaining, and preserving public records of all executive branch agencies of state government;

(ii) operates state records center for the purpose of storing and servicing public records;

(iii) operates central microfilm and imaging unit;

(iv) approves microfilming projects and microfilm equipment purchases undertaken by state agencies; and

(v) assists in the establishment and promotion of records and information management procedures in the legislative and judicial branches of state government.

(e) Executive Services Unit.

(i) provides technology planning, development, design, implementation, and maintenance for the operation of information technology systems utilized by the Secretary of State in order to carry out the duties of the office;

(ii) discharges the responsibilities of the Secretary of State under the statewide accounting, budgeting, and human resource system;

(iii) maintains a register of applications for pardons and commutation of sentence;

(iv) maintains the record of requisitions for extradition to and from the state of persons charged with crimes; and

(v) prepares, publishes, and distributes the Voter Information Pamphlet on special measures and constitutional amendments.

(4) Board Memberships. The Secretary of State is a member of the State Board of Examiners, the State Board of Land Commissioners, the State Records Committee, and the Local Government Records Committee.

(5) Information and Submissions. General inquiries regarding the office may be addressed to the Secretary of State of the state of Montana, Room 260, State Capitol, P.O. Box 202801, Helena, Montana 59620-2801.

(6) Organizational Chart. The organizational chart of the office of the Secretary of State is attached as part of this rule and by this reference is incorporated.

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