Recall Petition

Yes. June 11, 2026 is the deadline, not a required date. Completed petition forms can be submitted to the Yellowstone County Elections Office any time before that date. Turning forms in early may reduce the risk of last-minute problems and allows the Elections Administrator more time within the 30-day verification window.

Source: MCA 2-16-619 (3-month signature gathering window from approval)

The required number was set and confirmed by the Yellowstone County Elections Office when the petition was approved. Contact the Elections Office or the recall committee directly for the exact signature threshold. Montana law ties the required number to a percentage of qualified electors who voted in the last election for that office.

Source: MCA 2-16-614

A valid signature must be made by a registered voter who resides within Laurel city limits (Wards 1–4), on an official approved petition form, with only one signature per person. Signatures will be invalidated if: the signer is not a registered Laurel city voter, the signer signs more than once, the form is unofficial or altered, or the signature cannot be verified against voter registration records.

Source: MCA 2-16-616, 2-16-617, 2-16-620

Not as things stand — you must be a registered voter at the time you sign. However, if you register to vote first, you can then sign the petition. We can help: a committee member will deliver voter registration paperwork to your door and return it to the Yellowstone County Elections Office. Use the request form at the bottom of this page.

Source: MCA 2-16-614 (qualified elector requirement)

No. Only registered voters who reside within Laurel city limits (Wards 1–4) are eligible to sign. County residents outside city limits are not qualified electors for a city recall petition. However, county residents can record their support on the county support page, which documents community sentiment beyond city limits.

Source: MCA 2-16-614 (qualified electors of the electoral district)

No. Each signer must personally sign the petition form. Signing on behalf of another person — even a spouse or family member — is not permitted and would invalidate that signature. Each eligible voter must sign for themselves.

Source: MCA 2-16-616, 2-16-617

Montana law allows a signer to withdraw their signature before the petition is filed with the Elections Office. Once the petition is filed, signatures are locked in for verification. A withdrawal must be made in writing to the circulator or filing official before the filing date.

Source: MCA 2-16-618

A recall election is a vote to remove an elected official from office before their term ends. It is not a replacement election — the ballot only asks whether the official should be removed. No candidates appear on the recall ballot. If the official is recalled, a separate process fills the vacancy. In Montana, recall is available for any elected public officer and is citizen-initiated through a petition process.

Source: MCA 2-16-601, 2-16-633

Any registered voter who resides within Laurel city limits (Wards 1–4) is eligible to vote in the recall election. This is broader than who can sign the petition — you only need to be a registered city voter at the time of the election, not at the time the petition was circulated. County residents outside city limits are not eligible to vote in this election.

Source: MCA 2-16-632 (conducted as a general election); MCA 13-1-111 (voter eligibility)

The timing depends on when the petition is certified. If the petition is filed between 145 and 90 days before a general election, the recall is held at the same time. If filed more than 145 days or fewer than 90 days before a general election, a special election must be called. Given the petition timeline (signatures due June 11, verification by July 10, 2026), the election timing will be determined after certification. The Yellowstone County Elections Office will schedule and announce the date.

Source: MCA 2-16-622

The ballot must include the reasons for the recall from the petition, and Mayor Waggoner's statement of up to 200 words (if submitted within 10 days of notification). The ballot question appears as:

A simple majority determines the outcome.

Source: MCA 2-16-621, 2-16-633

He would file a civil lawsuit in the Thirteenth Judicial District Court in Yellowstone County. His complaint would need to allege a legal defect in the petition — for example, that the grounds stated don't meet the statutory definitions, or that there was a procedural violation. Along with his complaint, he must file a motion for a Temporary Restraining Order (TRO) and/or preliminary injunction, plus an affidavit with specific factual statements (not just beliefs or opinions).

Critically, he must satisfy all four of these factors — Montana law prohibits any sliding scale or partial showing (MCA 27-19-201):

• He is likely to succeed on the merits of his legal claim
• He will suffer irreparable harm without the order
• The balance of equities tips in his favor
• The order is in the public interest

He must also post a mandatory bond set by the judge. If the court fails to address the bond requirement, the TRO is automatically invalid and unenforceable.

Source: MCA 27-19-201 (four-factor standard); MCA 27-19-303 (affidavit requirements); MCA 27-19-306 (mandatory bond); MCA 27-19-318(6) (bond failure voids TRO)

In the fastest scenario — a TRO filed without notifying the petition committee — it is legally possible for a judge to grant it the same day or within 24 hours of filing. However, Waggoner must certify in writing that he attempted to give notice and explain why notice should not be required. This route is harder to obtain and scrutinized carefully.

More commonly, a TRO with notice requires a hearing within 3–10 days depending on the court's calendar. A TRO granted without notice expires after 10 days (extendable once for another 10 days) and must be followed by a full preliminary injunction hearing within 20 days. The court must then rule within 21 days of that hearing — if it does not, the injunction is automatically deemed denied by statute.

Source: MCA 27-19-315 (TRO without notice); MCA 27-19-316 (10-day expiration); MCA 27-19-318 (20-day hearing requirement, 21-day ruling deadline)

Under Montana law, a court order only binds the named parties and those who receive actual notice of the order — by any means (personal service, phone call, news coverage, etc.). There is no automatic notification system that reaches every circulator. The petition committee (the people who filed the recall) would be formally served; individual circulators would only be bound once they personally receive actual notice.

If a circulator continues gathering signatures without knowing about a court order, they cannot be held in contempt. Signatures gathered before a circulator had actual notice would present a factual dispute in court. This is an important protection for volunteer circulators acting in good faith.

Source: MCA 27-19-105 (actual notice required to bind non-parties)

The committee has strong tools to fight back quickly:

• Move to dissolve the TRO on as little as 2 days' notice to Waggoner — the court must hear this "as expeditiously as the ends of justice require" (MCA 27-19-319)
• Oppose at the preliminary injunction hearing (required within 20 days), presenting evidence and legal argument
• Challenge the bond posted by Waggoner
• Appeal any adverse ruling within 10 days (MCA 2-16-615(4))

Key legal arguments available to the committee include: Montana law prohibits injunctions that prevent "the exercise of a public or private office, in a lawful manner" (MCA 27-19-103(6)); the public interest factor strongly favors allowing a lawful democratic recall process to proceed; and the balance of equities favors the petitioners since Waggoner remains in office throughout the process regardless.

Source: MCA 27-19-319 (2-day dissolution motion); MCA 27-19-103(6) (no injunction against lawful exercise of office); MCA 27-19-401 (dissolution/modification); MCA 2-16-615(4) (appeal)

No. MCA 2-16-623 through 2-16-630 — the sections of the Montana Recall Act where a special injunction process might exist — are entirely reserved with no content. There is no special fast-track or recall-specific injunction statute. Waggoner would have to use the standard civil court injunction process under MCA Title 27, Chapter 19, subject to all its requirements, timelines, and the hard 21-day ruling deadline. The Recall Act's own judicial review provision (MCA 2-16-615) contemplates court review of petition sufficiency after submission — suggesting the legislature intended judicial review to happen post-filing, not by preemptive injunction during signature gathering.

Source: MCA 2-16-623 through 2-16-630 (reserved — no content); MCA 2-16-615 (post-submission judicial review); MCA Title 27, Chapter 19 (general injunction law)

Yes — see the "If an Injunction Is Filed" section above for the full process. Mayor Waggoner has already contacted the Yellowstone County Elections Office to inquire about next steps. The petition effort continues unless and until an actual court order directs otherwise.

Source: Montana Recall Act; Yellowstone County Elections Office communication

Yes. If Mayor Waggoner submits a written resignation after the petition is filed, it must be accepted and becomes effective 72 hours after it is offered. If he does not resign within 5 days after the petition is filed with the elections office, a recall election must be held. He may not be appointed to fill the vacancy created by his own resignation or recall.

Source: MCA 2-16-622

Yes. After the Elections Administrator notifies him that the petition has been filed, Mayor Waggoner has 10 days to submit a written statement of up to 200 words explaining why he should not be recalled. This statement will appear on the ballot alongside the recall reasons. If he does not submit within 10 days, no statement from him will appear on the ballot.

Source: MCA 2-16-621

Yes. Mayor Waggoner remains in office throughout the process and may publicly campaign against the recall, make appearances, and communicate with voters. He retains all the powers and duties of the office until the recall election results are officially declared. He and his supporters may raise and spend campaign funds subject to Montana's campaign finance laws.

Source: MCA 2-16-635; MCA Title 13, Chapter 37 (campaign finance)

State law prohibits a recalled mayor from being appointed to fill the vacancy. However, neither MCA 2-16-635 nor the City of Laurel Charter explicitly bars a recalled official from running in a subsequent election. This is an unsettled question — a recalled Waggoner could potentially run in November 2027, though the political feasibility of such a campaign would be an entirely separate matter.

Source: MCA 2-16-635; City Charter §3.03, §5.03

There is no automatic succession. The City Council has 30 days to appoint a qualified interim mayor by majority vote (5 of 8 council members). The council may appoint any qualified Laurel city resident — not necessarily the council president. Council President Tom Canapy's role under Charter §2.06 is only to preside over meetings when the mayor is absent; it is not a succession to the office. The council has broad discretion in who it chooses to appoint.

Source: City Charter §2.06, §5.03; MCA 7-4-4112

The interim serves until a replacement is elected and qualified at the next general municipal election — November 2027 (Montana holds municipal elections in odd years). The elected replacement then serves only the unexpired remainder of Waggoner's original term, through January 2030. There is no mechanism under Montana law to hold a special election to fill the vacancy sooner than November 2027.

Source: City Charter §5.03; MCA 7-4-4112; MCA 13-1-104 (odd-year elections)

Almost certainly yes. Montana's general principle is that an individual cannot simultaneously hold two incompatible elected offices. If a council member is appointed to serve as mayor, they would vacate their council seat, creating a second vacancy. The council would then have another 30 days to appoint a replacement for that council seat, who must reside in the same ward as the vacating member.

Source: MCA 7-4-4112(3) (ward residency for council vacancies); general principle of incompatible offices. Note: not explicitly stated in the Laurel Charter — a city attorney opinion may be needed.

If the person the council wishes to appoint declines, the council simply appoints someone else within the 30-day window. If the appointed interim later resigns, that creates a new vacancy under MCA 7-4-4111, and the council has another 30 days to appoint a new interim. Montana law and the Laurel Charter do not explicitly address cascade vacancies of this kind — city attorney guidance would be needed for that scenario.

Source: MCA 7-4-4111, 7-4-4112; City Charter §5.03

Any qualified Laurel city resident may run — the same eligibility requirements as any regular mayoral race. Under the City Charter, candidates for mayor must reside within Laurel city limits at the time of the election and throughout the term. The race is non-partisan and elected at-large (city-wide). The winner serves only the unexpired remainder of Waggoner's term through January 2030, not a full four-year term.

Source: City Charter §3.02, §3.03; MCA 7-4-4112

No formal public hearing is required by statute, but the appointment cannot happen quietly. Under Montana's open meetings law, the vote must occur at a publicly posted meeting, the appointment must appear on the agenda at least 48 hours in advance, and the public must be allowed to comment before the council votes. These are legal requirements, not courtesies.

What the community can do:

• Attend the meeting and speak during public comment
• Submit written comment (becomes part of the official record)
• Contact individual council members before the vote
• Collectively present names or qualifications in writing
• Publicly push for an open application process (not required, but the council could choose to do it)

Source: MCA 2-3-203 (open meetings); MCA 2-3-103 (public participation for matters of significant public interest)

No. MCA 7-4-4112 and the City Charter impose no required application process, interview process, or advertisement of the vacancy. The council has broad discretion — it can appoint by majority vote with no formal vetting process at all. However, nothing prevents the community from demanding transparency, and nothing prevents the council from choosing to run a more open process. The political pressure of an active recall effort creates real incentive for the council to proceed carefully and visibly.

Source: MCA 7-4-4112; City Charter §5.03

Yes, Montana's ethics law is relevant here. Under MCA 2-2-121, public officers may not take action in which they have a direct personal financial interest or that confers a substantial personal benefit. A council member voting to appoint themselves as interim mayor would almost certainly need to recuse from that vote — voting to give yourself a position and its associated salary and authority is a textbook conflict of interest.

Additionally, all deliberation on candidates must happen in open public session. The council cannot discuss candidates or conduct interviews in closed/executive session — that would violate the open meetings law.

Source: MCA 2-2-121 (Montana Ethics Act); MCA 2-3-203 (open meetings)

There is no statutory mechanism that compels the council to hold a formal public hearing for a vacancy appointment. However, MCA 2-3-103 establishes a broad right of public participation in government decisions of significant public interest, and appointing a mayor clearly qualifies. The council is required to allow public comment before the vote. Citizens can formally request — through written petition, at a prior council meeting, or directly to council members — that the council open a public application process or hold a formal hearing. The council cannot be forced to do so by statute, but community pressure and media attention are powerful tools.

Source: MCA 2-3-103; MCA 2-3-203