Committee tables 'taxation with representation' bill after legal, practical objections

Representative Terry Falk introduced HB 799, characterizing it as a fix for what he called "taxation without representation": the idea that property owners who pay a levy but do not live in the jurisdiction have no vote on that levy. Falk said the bill would allow up to two owners per property to vote, limit votes per property, and be limited to Montana residents; he acknowledged drafting gaps and said he expected to refine carve-outs (for nonprofits, commercial property and ownership structures such as LLCs).

Opponents included Lance Melton of the Montana School Boards Association, who said the bill’s definitions conflict with existing election law and the Montana Constitution, warning it could permit foreign corporations or nonresident entities to vote in levy elections. Melton walked through statutory language (citing the code section for "qualified elector") and argued the proposed wording would change the legal meaning of elector. Andrea Davis, mayor of Missoula, and representatives from Bozeman and the League of Cities and Towns also opposed the bill on grounds that nonresident owners lack the day-to-day stake of residents and that the measure raises complex administrative questions.

Committee members pressed the sponsor on multiple technical issues — whether owners with property in two counties could vote in both, how renters and primary residents would be treated, how election administrators would verify ownership and how LLCs and corporate ownership would be handled. The sponsor repeatedly stated his intent to limit voting to Montana residents and to avoid creating multiple ballots per owner, but acknowledged several open drafting questions.

At executive action the committee voted to table HB 799 by 16 to 5. Opponents argued the bill requires substantial redrafting to address constitutional and administrative problems; the sponsor said he hopes to refine language to address concerns.