A special election is being held in Montana on May 25 to fill a vacant seat in the House of Representatives.

On what date would the winner take office?

I haven't seen this information in any news articles about the election.

1 Answer 1


The winner will take office once the vote is certified, according to Montana's state law.

(4) (a) (i) The governor may make a temporary appointment to fill a vacancy until the election to fill the vacancy is held.

(ii) (A) If the vacancy is subject to the provisions of subsection (3)(b), the governor may make a temporary appointment until the results of the regularly scheduled general election are certified.

(emphasis mine)

Source: http://leg.mt.gov/bills/mca/13/25/13-25-203.htm

  • That's definitely the relevant section of law, but I'm not sure if you quoted the right section. It's not between the primary and general election, and it's not an even numbered year.
    – Bobson
    May 25, 2017 at 11:45
  • No, he won't. The House GOP leadership will face a dilemma about whether to use its constitutional powers to refuse to seat Gianforte. Then and only then will he assume his seat in the House
    – user9790
    May 26, 2017 at 10:37
  • @KDog Do you have a source that states that?
    – Panda
    May 26, 2017 at 10:45
  • Article 1, Section 5. Section 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.
    – user9790
    May 26, 2017 at 10:50
  • Basically, the House could disqualify him for the body slamming incident.
    – user9790
    May 26, 2017 at 10:51

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