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44.10.334    ELECTIONS TO WHICH AGGREGATE CONTRIBUTION LIMITS APPLY

(1) For purposes of the limitations on contributions established in 13-37-216, MCA, and these rules, the term "election" is defined in 13-37-216(5) , MCA.

(2) The term "contested primary", as used in 13-37-216(5) , MCA, means a primary election in which two or more candidates compete for the same nomination.

(a) In partisan primary elections, if two or more candidates compete for one party's nomination, but only one candidate seeks a different party's nomination, it is a "contested primary", resulting in two elections to which the contribution limits in 13-37-216, MCA, apply only with respect to the primary for which two or more candidates compete for the party's nomination.   For example, if two candidates seek Party A's nomination in the primary election for a public

office, it is a contested primary with respect to Party A's nomination.   If only one candidate seeks Party B's nomination for the same public office, it is not a contested primary with respect to Party B's nomination.

(b) In judicial and other nonpartisan primary elections, if a nonpartisan candidate automatically advances from the primary election to the general election pursuant to 13-14-117, MCA, it is not a contested primary election.

(c) When an incumbent judicial officer is the only candidate who files a declaration for nomination in the primary election, and subsequently faces a vote, pursuant to 13-14-212, MCA, for or against retention in the general election, there is no "contested primary", and there is only one election to which the contribution limits in 13-37-216, MCA, apply.

History: Sec. 13-37-114, MCA; IMP, Sec. 13-37-216, MCA; NEW, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 1996 MAR p. 787, Eff. 3/22/96.

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