Mercer seeks regular tallies during 30-day veto-override polls

Representative Bill Mercer (House District 52, Billings) told the Legislative Administration Committee that House Bill 539 would require the secretary of state to post periodic tallies as ballots arrive during the 30-day period used for veto-override polls.

Mercer said the current process leaves sponsors in the dark until the final day: "the secretary of state collects those ballots over a 30 day period and then presto change on day 30 you find out whether you have been successful in effectuating an override or not," and argued that posting interim tallies would be "in the name of transparency."

The bill aims to let sponsors and supporters understand where they stand while the poll is open so they can direct outreach. Senator Dunwell asked whether the bill should go further and list legislators who have not yet returned ballots, saying some constituents have been unable to obtain that information and have been told the secretary of state is restricted by statute. Dunwell asked, "is there a reason you don't say that the legislators who have not turned in their poll yet, are the following?" Mercer said a running tally with vote indications would allow sponsors to "reverse engineer the math" and determine who to contact.

Representative Marshall described the measure as a transparency bill and said it "shifts power in the branch's favor," noting that more than 20 polls were conducted last year and that the change would help in those cases.

No proponents, opponents, or informational witnesses were listed in the hearing record for HB 539, and the committee closed the hearing after questions. The sponsor did not propose amendments at the hearing.

The committee record shows the bill is narrowly framed as a disclosure change to how veto-override polls are reported; the transcript does not record a committee vote or further action on the bill during this meeting.