---
title: How to Deal with Misconduct of Elected Officials?
description: "\"Learn how Montana law allows councils to censure or expel members, declare vacancies for misconduct, and initiate recall elections for serious violations.\""
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January 13, 2026

# How to Deal with Misconduct of Elected Officials?

## "Addressing Misconduct and Vacancies in Montana Municipal Government: Council Discipline, Recall, and Legal Remedies

Although seldom employed, 7‐5-4103, MCA enables a city or town council to deal with improper conduct of a member by imposing appropriate punishment such as a vote of censure or, in extreme cases, expulsion from the council by a two-­thirds vote of the members. Certainly, no such action should be taken prior to a discussion of the situation and an appropriate remedy with the city attorney. Additionally, 7-4-4111, MCA provides that a vacancy in the office of mayor or council member occurs under certain enumerated circumstances, among which are included the incumbent’s open neglect or refusal to discharge duties,  
or the officer’s conviction of a felony offense. A vacancy in office requires that the council must fill the vacancy within 30 days by appointing a person qualified to hold the position pursuant to 7-4-4112, MCA. Montana’s Recall Act 2-16‐601, MCA provides that 20 percent of a municipality’s voters may file a petition for the recall of an elected or appointed municipal official who has violated the official’s oath of office for official misconduct, for conviction of a felony, or for incompetence or lack of physical or mental fitness. However, “No person may be  
recalled for performing a mandatory duty of the office or for not performing any act that, if performed, would subject him to prosecution for official misconduct” 2‐16-603, MCA.

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Resources prepared by the MSU Extension Local Government Center are intended for educational purposes only and do not constitute legal advice. For interpretation or application of the law, please consult qualified legal counsel. The Montana State University Extension Service is an ADA/EO/AA/Veteran’s Preference Employer and Provider of Educational Outreach.

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