Montana Statewide Rule
Montana Political Sign Constitutional Protections
Key Facts
- Constitutional basis
- MT Const Art II Sec 7
- Disclosure law
- MCA 13-35-225
- Highway signs
- MCA 75-15-101
- Content neutrality
- Required
Summary
Political signs in Montana are protected by the First Amendment and Article II of the Montana Constitution. Following Reed v. Town of Gilbert, content-based restrictions on political signs are subject to strict scrutiny. Montana cities cannot impose stricter time, size, or duration limits on political signs than other temporary signs.
13-35-225 . Election materials not to be anonymous -- notice -- penalty. (1) All election communications, electioneering communications, and independent expenditures must clearly and conspicuously include the attribution "paid for by" followed by the name and address of the person who made or financed the expenditure for the communication. The attribution must contain: (a) for election communications or electioneering communications financed by a candidate or a candidate's campaign finances, the name and the address of the candidate or the candidate's campaign; (b) for election communications, electioneering communications, or independent expenditures financed by a political committee or a joint fundraising committee, the name of the committee, the name of the committee treasurer, deputy treasurer, secretary, vice chairperson, or chairperson, as designated pursuant to 13-37-201 (2)(b), and the address of the committee or the named committee officer; and (c) for election communications, electioneering communications, or independent expenditures financed by a political committee that is a corporation or a union, the name of the corporation or union, its chief executive officer or equivalent, and the address of the principal place of business.
Full Breakdown
The Montana Constitution Article II Section 7 provides robust free speech protections. Reed v. Town of Gilbert (2015) and subsequent federal cases bar content-based regulation of signs, meaning municipalities cannot single out political signs for stricter rules. Montana follows MCA 13-35-225 regarding political advertising disclosure. Local governments may impose content-neutral time, place, and manner restrictions, but cannot ban political signs entirely from residential property under City of Ladue v. Gilleo. Signs in highway rights-of-way are regulated under the Montana Outdoor Advertising Act, MCA 75-15-101 et seq. Homeowners associations face limits on restricting political signs.
Violations & Penalties
Constitutional challenges available against unconstitutional ordinances. Highway right-of-way signs subject to MDT removal under MCA 75-15-301.
Frequently Asked Questions
Can a Montana city limit how long political signs stay up?
Can my HOA ban political signs in Montana?
Sources
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