Committee considers making uncontested county‑attorney races include a ‘do not retain’ option

Representative Jerry Schillinger opened House Bill 152, which would change ballot language for uncontested county attorney elections so voters could select a ‘‘do not retain’’ option similar to some judicial retention votes. Schillinger described the proposal as a constituent-driven request to increase voter participation in county government decisions.

Schillinger offered an amendment (HB0152.001.001) to correct the statutory placement to give the secretary of state the proper authority to make the administrative change. He said the amendment came after conversations with the secretary of state's office, which lacked the specific authority under the sponsor’s original draft.

Two county commissioners testified in opposition. Todd Devlin (Prairie County) said his county has a proactive county attorney who helps keep the county out of lawsuits; he warned that adding a 'do not retain' option could fuel politics and lead to a loss of experienced attorneys. Gordon Okers (Roosevelt County) said small counties often have very few attorneys and that the change could make recruiting and retaining county attorneys harder.

Committee members pressed the sponsor on how the bill would interact with local decisions to mark races nonpartisan, and on the consequences if voters did not retain an incumbent. Schillinger said the bill would not alter appointment statute: if an incumbent is not retained, county commissioners would follow existing appointment processes and could reappoint the incumbent; he acknowledged the change could create repeated vacancy cycles in some counties.

Schillinger closed urging support; the hearing record shows the bill was discussed, an amendment was offered, opponents spoke and the committee moved on to scheduling and adjournment. No vote outcome is recorded in the transcript.