Senator Mansella proposes law to give secretary of state supervisory powers over county election administrators; clerks urge pause

Senator Teresa Manzella introduced Senate Bill 298 on behalf of the sponsor to give the secretary of state explicit supervisory authority over county election administrators, saying the change would mirror language that already appears in statute for the attorney general.

"The secretary of state shall exercise supervisory powers over county election administrators in all matters pertaining to the duties of an election administrator," Manzella read during her presentation and told the committee the language was designed to create consistency in election reporting and data collection.

The bill’s sponsor said the change grew out of questions raised after the Butte-Silver Bow recount and from discussions about who has authority to require reports or investigate election irregularities. Manzella said the secretary of state already runs the statewide voter database and that formal supervisory authority would help ensure data and audits are available when needed.

Regina Plattenberg, representing the Montana Association of County Clerks and Recorders, testified in opposition. Plattenberg said the bill raises questions about whether local election administrators would effectively become employees of the state and whether the secretary of state would control local election budgets or displace locally elected officials.

"This bill as written leaves many questions and concerns from our association," Plattenberg said, and added that Montana’s current practice is to advise county election officials to consult their county attorneys for matters that fall outside Title 13.

Committee members asked how the proposal compares to existing supervisory language for the attorney general (2-15-5501) and whether the change would affect counties with elected clerks and recorders versus counties with appointed election administrators. Manzella said the language was intentionally modeled on the attorney general statute to provide a clear supervisory mechanism.

After questions from several senators and legal staff about notice of the hearing and the fiscal note, the committee chair concluded the bill had not been adequately noticed on the committee’s published bill hearing list and directed staff to re-notice the hearing so interested parties can appear.

The hearing was left open; no committee vote was taken.

Why it matters: The bill would change the balance of authority between state and county election officials, potentially affecting access to election data, audits and investigations.

What’s next: The committee said it will re-notice SB 298 and take further public comment before acting.