Senate panel votes to advance resolution calling for repeal of 17th Amendment to U.S. Constitution

Senate Joint Resolution 22, presented by Senator Greg Hertz, would propose that Montana support repeal of the Seventeenth Amendment to the U.S. Constitution (the amendment that established direct popular election of U.S. senators) and return to selecting U.S. senators by state legislatures. The sponsor argued repeal would restore the founders’ federalism by strengthening state representation in the U.S. Senate and reduce outside money and influence in Senate races.

Senator Greg Hertz framed the resolution as a restoration of the founders’ model and cited historical examples, saying the founders intended state legislatures to appoint senators so the states would retain influence at the federal level. He referenced concerns about outside money influencing Senate races in Montana and argued selection by legislatures would make senators more responsive to state government interests.

Patrick Yawaki testified in opposition on behalf of Blackfeet Scribe, Fort Belknap Indian Community and Chippewa Cree interests. Yawaki noted the historical context that led to the Seventeenth Amendment’s ratification in 1913 and argued direct election protects equal representation; he recommended the committee oppose SJR 22.

Committee debate included questions about how repealing the Seventeenth Amendment would operate in practice and whether it would increase state control. Senator Emmerich moved that the committee give SJR 22 a do-pass recommendation. The committee voted to advance the resolution to the floor; the chair announced the motion carried 4 to 2, with Senator Zolokov recorded as aye by proxy.