Debate over raising turnout and approval thresholds for local levies pits fairness arguments against local officials' warning

Senator Greg Hertz introduced Senate Bill 205 as a companion to his proposal on mill‑levy sunsets, saying the bill is intended to increase voter turnout and make levy approvals reflect broader participation. Under the draft language, higher turnout would lower approval thresholds: at 50% or greater turnout a simple majority would suffice; between 40–50% a 60% supermajority would be required; below 40% the measure would fail.

Supporters told the committee the change is a fairness measure that would “push proponents of mill levies to educate the electorate and urge them to get out the vote.” Daniel Cox of the Montana Association of Realtors urged passage, framing the bill as “a matter of fairness to the taxpayer.”

Opponents said the change risks blocking necessary local investments, will disproportionately harm smaller and rural districts with lower turnout, and could be administratively complicated for election officials. Testimony came from a broad coalition that included school boards, counties, cities, infrastructure groups, labor and public‑safety organizations.

“Montana constitution says elections are won by the majority vote,” said Stuart Fuller, a West Valley fire district trustee. “This goes against plain old democracy.” Several municipal and county leaders echoed that concern, saying local democratic decisions should not be overridden by turnout math.

School groups urged preserving tailored turnout thresholds and exceptions that already exist in statute for bond elections and mail ballots. Deborah Silk of the Montana School Boards Association asked the committee to adopt the Property Tax Task Force’s recommended thresholds — which include 30% and 40% breakpoints with exceptions for mail‑ballot and general‑election timing — rather than the draft before the committee.

Local managers argued the bill would substitute state‑level rules for local decision making and would not address the underlying drivers of property‑tax pressure. Kalispell City Manager Doug Russell and Helena City Manager Tim Burton both said increasing turnout should be encouraged but not by imposing new statewide supermajorities that could thwart projects voters supported in local elections.

Witnesses added practical concerns: higher thresholds would make it harder to pass critical infrastructure and public‑safety investments in low‑turnout communities, increase the frequency of contested legal challenges, and thereby raise project costs. Several labor and construction groups warned that scaled‑back local capital projects would mean fewer prevailing‑wage construction jobs.

Senator Hertz said he would consider amendments to simplify turnout counting and to incorporate exceptions for mail ballots and general election timing. The committee did not vote on the bill at the hearing.