Proposed turnout thresholds for local levies draw broad resistance from Montana cities, schools and fire districts

Senate Bill 205, presented by Senator Greg Hertz, would alter passage rules for local levies and bonds by tying required approval percentages to voter turnout: if turnout is 50% or higher, a simple majority would suffice; turnout between 40% and 50% would require 60% approval; below 40% a measure would fail. Hertz said the bill is intended to encourage moving local levy elections to general elections to increase turnout and ensure broader voter participation.

The committee heard one proponent from the Montana Association of Realtors, who framed the bill as a fairness measure that would motivate proponents to educate and mobilize voters. That view was overwhelmed, however, by broad opposition.

Speakers from volunteer fire departments, municipal governments, school organizations, infrastructure and transit providers argued the bill would disadvantage small and rural jurisdictions with lower turnout, add administrative complexity and undermine majority rule. Stuart Fuller called the proposal “against plain old democracy” and warned it would be “a very complicated formula that the election administrators ... have a pain in the **** to understand.” Several witnesses pointed to recent local results that would have failed under SB205: Missoula’s levy that passed with 63% approval but had 39.74% turnout was cited as an example of a measure that would have been invalidated by the bill.

Education groups urged amendments consistent with the property-tax task force recommendation (a 30% turnout floor with a 60% passage requirement in some bands and carve-outs for mail ballots and general-election timing). Witnesses also emphasized exceptions for mail-in voting and alignment with established bond-turnout laws. Data briefed by Office of Public Instruction staff showed varied turnout across counties and suggested that changes could produce uneven effects between urban and rural areas.

Several local officials and fire chiefs warned that higher thresholds would make it harder to secure funding for staffing, apparatus, facilities and infrastructure, with potential consequences for public safety and local services. Labor, construction trades and staffing organizations told the committee that constrained bond and levy passage would reduce local construction activity and prevailing-wage jobs.

The sponsor said he would consider technical amendments to ease administration and counting of turnout; he asked the committee for a do-pass at the close of the hearing. The committee took no final action during the hearing.